1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) HSBP1017R0023 3. DATE ISSUED PAGE 03/17/2017 1 OF PAGES SEALED BID (IFB) NEGOTIATED (RFP) 57___ IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER 20098235 7. ISSUED BY CODE 8. ADDRESS OFFER TO Customs and Border Protection (CBP) 1331 Pennsylvania Avenue, NW National Place, Suite 1355 Washington DC, 20229 9. FOR INFORMATION CALL: See Block #7 a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) Border Wall Contracting Officer BorderWallDesignBuild@cbp.dhs.gov SOLICITATION NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) Other Border Wall Prototype Construction Design-Build, Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) Task Order Contract (TOC) North American Industry Classification System Code (NAICS) 236220 Commercial and Institutional Building Construction Small Business Size Standard: $36.5M. This IDIQ TOC is to perform associated design and construction of projects. Projects may include, but are not limited to: the design and construction of an "other" border wall prototype and various miles of border wall along the southwest border (i.e. San Diego, CA to Brownsville, TX). The award of the Prototype meets the IDIQ minimum guarantee quantity. The minimum guarantee is applicable for the performance period of the contract and shall be obligated at the time of award. The maximum aggregate price for all individual orders awarded under the resulting IDIQ shall not exceed $300,000,000 for the five year (5) period. The minimum per task is estimated to be $100,000 and the maximum order is estimated not to exceed $275,000,000 for any order. NOTE: All awardees of the IDIQ will be required to meet the Payment and Performance bonding requirements for each task order. 11. The contractor shall begin performance within award, Per TO notice to proceed. This performance period is calendar days and complete it within mandatory 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES", indicate within how many calendar days after award in Item 12b.) YES NO Per TO calendar days after receiving negotiable. (See ). 12b. CALENDAR DAYS Per TO 13. ADDITIONAL SOLICITATION REQUIREMENTS: a. Sealed offers in original and local time See L See Section L copies to perform the work required are due at the place specified in Item 8 by See Sec L (hour) (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due. b. An offer guarantee is, is not required. c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. STANDARD FORM 1442 (REV. 8/2014) Prescribed by GSA - FAR (48 CFR) 53.236-1(d) OFFER (Must be fully completed by offeror) 14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code) 16. REMITTANCE ADDRESS (Include only if different than Item 14.) CODE FACILITY CODE 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.) AMOUNTS See Pricing Schedule 18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) AMENDMENT NUMBER DATE. 20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE AWARD (To be completed by Government) 21. ITEMS ACCEPTED: 23. ACCOUNTING AND APPROPRIATION DATA 22. AMOUNT 24. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified) ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( ) 27. PAYMENT WILL BE MADE BY 26. ADMINISTERED BY CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary. 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract. 30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print) 30b. SIGNATURE 31b. UNITED STATES OF AMERICA 30c. DATE 31c. DATE BY STANDARD FORM 1442 (REV. 8/2014) BACK HSBP1017R0023 TABLE OF CONTENTS Section A - Continuation - Solicitation/Contract Form SF 1442 Construction Design/Build Section B - Schedule Section C - Description/Specification Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits and Other Attachments Section K - Representation, Certifications, and Other Statement of Offerors and Respondents Section L - Instructions, Conditions and Notices to Offerors and Respondents Section M - Evaluation Factors for Award 1 HSBP1017R0023 Section A Continuation - Solicitation/Contract Form SF 1442 Construction Design/Build SF1442, Block 13a: Offerors shall follow the submittal instructions in Section L of this solicitation to respond to both Phase I - Concept Papers/Request for Qualifications and Phase II - Request for Proposals. This acquisition will result in the award of multiple IDIQ contracts for the construction of an “Other Border Wall Prototype” with the capacity to issue future task orders for construction along the American-Mexican border. This acquisition is separate and apart from solicitation HSBP1017R0022 for the “Solid Concrete Border Wall Prototype,” which is for the acquisition of a prototype using solid concrete materials, in addition to future possible construction along the American-Mexican border. The performance period of each IDIQ contract shall be five (5) years from date of award with the sum total value of all awarded contracts having a maximum order limit of $300,000,000. The Government will make the award of each IDIQ contract and the first task order (TO) simultaneously. The first TO award will be for the design and build of the “Other Border Wall Prototype” and Mock-ups (collectively, Prototype) in accordance with the Statement of Work. Award of the Prototype will satisfy the minimum guarantee of the IDIQ contract. Pursuant to FAR 52.232-18, Availability of Funds, the Government's obligation under this solicitation, or any contract or TO that might result from the solicitation is entirely subject to, and contingent upon, the availability of appropriated funds. No legal liability on the part of the Government shall arise until funds are made available to the Contracting Officer and a TO is awarded by the Contracting Officer. Any offeror proposing on this solicitation does so at its own cost and with the full knowledge that a contract or TO for the Prototype project might not result from this solicitation. After award of the IDIQ and Prototype TO, the successful IDIQ contractors will all compete for future TOs based upon the evaluation factors set forth in the TO RFPs. Only the successful IDIQ awardees shall be allowed to compete for future TOs under these IDIQs. IDIQ contract holders are expected to submit a proposal for all future TO RFPs received from the Government. However, in the event an awardee is unable to submit a proposal on a particular TO RFP, the contractor is required to notify, in writing, the Contracting Officer who issued the TO RFP within five (5) working days from receipt of the RFP. An awardee can only elect to withdraw from submitting a proposal on three (3) TO RFPs during a 365 calendar day period. Withdrawal requests in excess three (3) in a 365 calendar day period may result in the Government terminating a contractor’s IDIQ contract for default. Task and Delivery Order Ombudsman (Feb 2008) The individual named below has been appointed as the Task and Delivery Order Ombudsman for the U.S. Customs and Border Protection (CBP). 2 HSBP1017R0023 The Task and Delivery Order Ombudsman will review complaints from contractors and ensure they are afforded a fair opportunity to be considered for task or delivery orders, consistent with the procedures contained in this indefinite quantity contract. Name: Address: Email: To Be Determined (TBD) at Task Order level U.S. Customs and Border Protection Procurement Directorate 1300 Pennsylvania Avenue, NW. Suite 1310 National Place Washington, D.C. 20229 TBD at Task Order level [END OF SECTION A] 3 HSBP1017R0023 Section B – Schedule Schedule B – Pricing Schedule The following shall only be completed by those Offerors invited to submit Phase II proposals. Please see the “Phased Evaluation Approach” instructions in Section L for further details. Pricing shall not be provided for the Phase I concept paper/request for qualifications submission. Phase II: “Other Border Wall Prototype” CLIN Description 0001 Prototype 0002 Design (As-Builts) 0003 Mock-up (including disposal) 0004 Optional CLIN – Prototype Demolition QTY Unit Unit Price CLIN Price 1 LOT $ $ 1 LOT $ 1 LOT $ 1 LOT $ $ $ $ Total Price $ See Attachment#2 (Supporting Price Details Spreadsheet) In addition to the above Schedule B, Offerors shall complete Attachment #2 (Supporting Price Details Spreadsheet) for its prototype in accordance with the pricing instructions incorporated in the attachment as part of the Phase II proposals. Pricing information provided and evaluated during Phase II will apply only to the initial (Prototype) TO. Future TOs will be priced in accordance with TO RFPs using labor rates at or above prevailing wage determinations consistent with FAR 52.222-6. Prototype Range The estimated price range for the “Other Border Wall Prototype” is between $200,000 and $500,000. Contract Minimum & Maximum The Prototype TO is the minimum guarantee per IDIQ award. Each IDIQ contract will have a maximum contract value not to exceed $300,000,000. [END OF SECTION B] 4 HSBP1017R0023 Section C - Description/Specification Specifications, Statement of Work, or Statement of Objectives Attached (Mar 2003) The Specifications, Statement of Work, or Statement of Objectives which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of "specifications" as described in the clause, Order of Precedence, FAR 52.215-8 incorporated herein by reference. Description of Work: (a) Cost Range: the Prototype TO is the minimum guarantee per the IDIQ award requirement with each IDIQ contract having a maximum contract value not to exceed $300,000,000. (b) NAICS Code: 236220 (c) Statement of Work: “Other Border Wall and Prototype IDIQ Design Build Contract” (d) The Contractor shall furnish all labor, material, equipment, supervision, etc. necessary to complete the requirements of this contract in accordance with this this solicitation/contract, and all applicable Federal, State, and Local laws, regulations, specifications, codes, certifications, etc., to whichever is most stringent. See Attachment #1 for Statement of Work. [END OF SECTION C] 5 HSBP1017R0023 Section D - Packaging and Marking Packaging, Packing and Marking (Mar 2003) Material shall be packaged, packed and marked for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Packages shall be clearly identified on the outer wrapping with the contract number and delivery/task order number, if applicable. The TO RFP may provide added requirements, as applicable. [END OF SECTION D] 6 HSBP1017R0023 Section E - Inspection and Acceptance I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.246-12 - Inspection of Construction (Aug 1996) 52.246-13 – Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996) [END OF SECTION E] 7 HSBP1017R0023 Section F - Deliveries or Performance I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.211-13 - Time Extensions (Sep 2000) 52.242-14 - Suspension of Work (Apr 1984) 52.211-10 - Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to: (a) commence work on the TO within one (1) calendar day after the date the Contractor receives the Notice to Proceed (NTP). (b) prosecute the work diligently, and (c) complete the entire work ready for use in accordance with the requirements as stated in the awarded TO. 52.211-12 - Liquidated Damages - Construction (Sept 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government as defined within the RFP (per TO – no liquidated damages identified for the initial task order; TO RFPs will identify liquidated damages for future task orders) for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. Period of Performance (Mar 2003) The period of performance of this contract shall be five (5) years from Date of Award. Each task order issued under this contract will include its own period of performance. Federal Holiday Closure (Mar 2003) The following Federal Legal Holidays are observed under this contract, and the contractor will not be able to perform work on these days. Any of the holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday: New Year’s Day – 1st of January Martin Luther King’s Birthday - 3rd Monday in January President’s Day – 3rd Monday in February Memorial Day - Last Monday in May Independence Day – 4th of July Labor Day – 1st Monday in September Columbus Day - 2nd Monday in October Veterans Day – 11th of November Thanksgiving Day – 4th Thursday in November Christmas Day – 25th of December [END OF SECTION F] 8 HSBP1017R0023 Section G - Contract Administration Data Contracting Officer’s Authority (Mar 2003) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer. Submission of Invoices Copies of invoices will be submitted to the CO and COR by e-mail. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905 and the invoice shall be accompanied by a Progress Report form (sample to be provided after award or the contractor may provide an equivalent Progress Report form with approval from the CO), if applicable; and the employee wage payrolls shall be up-to-date. Once the COR and CO approves of the submitted invoice, the contractor shall comply with the following electronic invoicing process: Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Jan 2016) Payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). Payment terms for existing contracts and orders awarded prior to April 11, 2016 remain the same. The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to April 11, 2016. "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP: 1. Hard Copy of the Invoice Note: If applicable, all Davis Bacon Payrolls must be submitted and approved by CO before submitting an invoice in IPP. The IPP was designed and developed for Contractors to enroll, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer. [END OF SECTION G] 9 HSBP1017R0023 Section H - Special Contract Requirements 3052.215-70 Key Personnel or Facilities (Dec 2003) (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on his contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract are: Contractor’s Construction Superintendent Contractor’s Project Manager Contractor’s Lead Designer However, additional Key Personnel may be added at the task order level per the TO RFP. Disclosure of Information (Mar 2003) General: Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons, except as may be necessary in the performance of the contract. (a) Technical Data Rights: The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information. (b) Privacy Act: In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees. (c) Post Award Evaluation of Contractor Performance (Jul 2014) A. Contractor Performance Evaluations Interim and final performance evaluation reports will be prepared on this contract or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order. Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Representatives (CORs), project managers, and/or contract specialists. The CPARS Assessing Officials (AOs) are the contracting officers (CO) or contract specialists (CS) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments. The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via CPARS. The contractor representative will be given up to fourteen (14) days to submit written comments or a rebuttal 10 HSBP1017R0023 statement. Within the first seven (7) calendar days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report. The AO may complete the evaluation without the contractor representative’s comments if none are provided within the fourteen (14) day comment period. Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the Reviewing Official (RO) within the division/branch the AO is assigned. Once the RO completes the review, the evaluation is considered complete and the decision is final. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used in future award decisions. B. Designated Contractor identify a primary representative for this contract and provide the full name, title, phone number, email address, and business address to the CO within 30 days after award. C. Electronic Access to Contractor Performance Evaluations The AO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point (FP). The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS. The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated email from CPARS when an evaluation report has been completed. Government Consent of Publication/Endorsement (Mar 2003) Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Ordering Procedures Ordering of design and build services under this contract shall be accomplished through the issuance of written fixed price task orders. In accordance with FAR 16.505(b)(1), the Contracting Officer will ensure that all Contractors (IDIQ contract holders) receive a fair opportunity to compete for task orders issued under this contract. When there is a requirement for a task order to be fulfilled, the Government will issue a Request for Proposals (RFP) to all Contractors under the IDIQ contract. Each TO RFP will define and include the requirements, proposal instructions, evaluation criteria, and clauses unique to the award of the individual task order, including an explicit designation of the applicable FAR Part 25 clauses. Unless otherwise specified, all applicable clauses in the IDIQ contract shall apply at the task order level, The TO RFPs will define the bonding requirements for each task order. Future TO RFPs will require Offerors to bond for the full value of the awarded task orders in accordance with the values set forth in FAR 52.216-9, “Order Limitation.” All offerors shall be able to bond for the full value of any future task order to be considered eligible for award of such task order(s) under the IDIQ contract. After the Government has completed an evaluation of the submitted proposals, the CO may conduct discussions with the Contractors, as needed, to resolve and/or understand any concerns within their RFP proposals. Following any discussions with the Contractors, the CO will issue a written task order to the Contractor who provides the best value to the Government, as defined in each task order. 11 HSBP1017R0023 All task orders issued under this contract shall conform to the provisions of the contract clauses FAR 52.21618 "Ordering," and FAR 52.216-9, “Order Limitation,” contained in the contract. The only office(s) authorized to issue task orders under this contract are: U.S. Customs and Border Protection Office of Acquisition [END OF SECTION H] 12 HSBP1017R0023 Section I - Contract Clauses 52.252-2 - Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: http://farsite.hill.af.mil/vffara.htm and http://farsite.hill.af.mil/vfhsara.htm 52.202-1 - Definitions (Nov 2013) 52.203-3 - Gratuities (Apr 1984) 52.203-5 - Covenant Against Contingent Fees (May 2014) 52.203-6 - Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 - Anti-Kickback Procedures (May 2014) 52.203-8 - Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 - Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 - Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-14 - Display of Hotline Poster(s) (Oct 2015) 52.203-17- Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.203-19- Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 - Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 - Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-13 - System for Award Management Maintenance (Oct 2016) 52.204-15 - Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 52.209-6 - Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.210-1 - Market Research (Apr 2011) 52.215-2 – Audit and Records - Negotiation (Oct 2010) 52.215-8 - Order of Precedence - Uniform Contract Format (Oct 1997) 52.219-4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) 52.219-8 - Utilization of Small Business Concerns (Jan 2011) 52.219-9 - Small Business Subcontracting Plan (Jan 2017) 52.219-16 - Liquidated Damages -- Subcontracting Plan (Jan 1999) 52.219-28 - Post-Award Small Business Program Representation (Jul 2013) 52.222-1 - Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 - Convict Labor (June 2003) 52.222-4 - Contract Work Hours and Safety Standards - Overtime Compensation (May 2014) 52.222-6 - Construction Wage Rate Requirements (May 2014) 52.222-7 - Withholding of Funds (May 2014) 52.222-8 - Payrolls and Basic Records (May 2014) 52.222-9 - Apprentices and Trainees (Jul 2005) 52.222-10 - Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 - Subcontracts (Labor Standards) (May 2014) 52.222-12 - Contract Termination -- Debarment (May 2014) 52.222-13 - Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 - Disputes Concerning Labor Standards (Feb 1988) 52.222-15 - Certification of Eligibility (May 2014) 52.222-21 - Prohibition of Segregated Facilities (Apr 2015) 52.222-26 - Equal Opportunity (Sep 2016) 52.222-27 - Affirmative Action Compliance Requirements for Construction (Apr 2015) 13 HSBP1017R0023 52.222-35 - Equal Opportunity for Veterans (Oct 2015) 52.222-36 - Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 - Employment Reports on Veterans (Feb 2016) 52.222-40 - Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 - Combating Trafficking in Persons (Mar 2015) 52.222-54 - Employment Eligibility Verification (Oct 2015) 52.222-55 - Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-60 - Paycheck Transparency (Executive Order 13673 (Oct 2016) 52.222-62 - Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-1 - Biobased Product Certification (May 2012) 52.223-2 - Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 2013) 52.223-3 - Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-5 - Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 - Drug-Free Workplace (May 2001) 52.223-11 - Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.223-21 - Foams (Jun 2016) 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals, Representation (Dec 2016) 52.227-1 - Authorization and Consent (Dec 2007) 52.227-2 - Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 - Patent Indemnity -- Construction Contracts (Dec 2007) 52.227-17 - Rights in Data - Special Works (Dec 2007) 52.227-23 - Rights to Proposal Data (Technical) (Jun 1987) 52.228-2 - Additional Bond Security (Oct 1997) 52.228-5 - Insurance -- Work on a Government Installation (Jan 1997) 52.228-11 - Pledges of Assets (Jan 2012) 52.228-12 - Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 - Irrevocable Letter of Credit (Nov 2014) 52.228-15 - Performance and Payment Bonds -- Construction (Oct 2010) 52.229-3 - Federal, State, and Local Taxes (Feb 2013) 52.232-5 - Payments under Fixed-Price Construction Contracts (May 2014) 52.232-16 - Progress Payments (Apr 2012) 52.232-17 - Interest (May 2014) 52.232-18 - Availability of Funds (Apr 1984) 52.232-23 - Assignment of Claims (May 2014) 52.232-27 - Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 - Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-39 - Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 – Disputes, Alternate I (Dec 1991) 52.233-3 - Protest after Award (Aug. 1996) 52.233-4 - Applicable Law For Breach Of Contract Claim (Oct 2004) 52.236-2 - Differing Site Conditions (Apr 1984) 52.236-3 - Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 - Material and Workmanship (Apr 1984) 52.236-6 - Superintendence by the Contractor (Apr 1984) 52.236-7 - Permits and Responsibilities (Nov 1991) 52.236-8 - Other Contracts (Apr 1984) 52.236-9 - Protection of Existing Vegetation, Structures, Equipment, Utilities, and I m p r o v e m e n t s (Apr 1984) 52.236-10 - Operations and Storage Areas (Apr 1984) 52.236-11 - Use and Possession Prior to Completion (Apr 1984) 52.236-12 - Cleaning Up (Apr 1984) 52.236-13 - Accident Prevention (Nov 1991) 14 HSBP1017R0023 52.236-15 - Schedules for Construction Contracts (Apr 1984) 52.236-17 - Layout of Work (Apr 1984) 52.236-23 - Responsibility of the Architect-Engineer Contractor (Apr 1984) 52.236-25 - Requirements for Registration of Designers (Jun 2003) 52.236-26 - Preconstruction Conference (Feb 1995) 52.236-27 - Site Visit (Construction) (Feb 1995) 52.236-28 - Preparation of Offers-Construction (Oct 1997) 52.242-13 - Bankruptcy (Jul 1995) 52.242-14 - Suspension of Work (Apr 1984) 52.243-4 - Changes (Jun 2007) 52.244-6 - Subcontracts for Commercial Items (Jan 2017) 52.246-21 - Warranty of Construction (Mar 1994) 52.248-3 - Value Engineering - Construction (Oct 2015) 52.249-2 - Termination for Convenience of the Government (Fixed- P r i c e ) (April 2012), Alternate I (Sep 1996) 52.249-10 - Default (Fixed-Price Construction) (Apr 1984) 52.253-1 - Computer Generated Forms (Jan 1991) 3052.203-70 - Instructions for Contractor Disclosure of Violations (Sep 2012) 3052.204-71 - Contractor Employee Access (Sep 2012) - Alternate II (Jun 2006) 3052.205-70 - Advertisements, Publicizing Awards, and Releases, Alt I (Sep 2012) 3052.219-70 - Small Business subcontracting plan reporting (Jun 2006) 3052.219-71 - DHS Mentor-Protégé Program (Jun 2006) 3052.222-70 - Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-71 - Strikes or Picketing Affecting Access to DHS Facility (Dec 2003) 3052.228-70 - Insurance (Dec 2003) 3052.242-72 - Contracting Officer’s Technical Representative (Dec 2003) 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (a) Definitions. As used in this clause-“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. “Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. “Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). “Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). “Safeguarding” means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. 15 HSBP1017R0023 (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through the contract completion date. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100,000.00 per task order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor-(1) Any order for a single item in excess of $275,000,000.00; (2) Any order for a combination of items in excess of $275,000,000.00; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 16 HSBP1017R0023 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract completion date. 52.225-9 -- Buy American-Construction Materials (May 2014) (Applicable to a TO valued at less than $7,358,000.00) (a) Definitions. As used in this clause-“Commercially available off-the-shelf (COTS) item”— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. “Component” means an article, material, or supply incorporated directly into a construction material. “Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. “Cost of components” means-(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. “Domestic construction material” means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. “Foreign construction material” means a construction material other than a domestic construction material. “United States” means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. 17 HSBP1017R0023 (1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 25 percent; (ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-(A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material 18 Quantity Price (dollars) * HSBP1017R0023 Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] 52.225-11 - Buy American - Construction Materials under Trade Agreements (Oct. 2016), Alternate I (May 2014) (Applicable to a TO valued at $7,358,000.00 or more, but less than $10,079,365) (a) Definitions. As used in this clause-“Caribbean Basin country construction material” means a construction material that (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. (b) “Bahrainian, Mexican, or Omani construction material” means a construction material that— (1) Is wholly the growth, product, or manufacture of Bahrain or Mexico; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain or Mexico into a new and different construction material distinct from the materials from which it was transformed. “Commercially available off-the-shelf (COTS) item”— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. “Component” means an article, material, or supply incorporated directly into a construction material. “Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. “Cost of components” means-(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. “Designated country” means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark. Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom); 19 HSBP1017R0023 (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). “Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material. “Domestic construction material” means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic: or (ii) The construction material is a COTS item. “Free Trade Agreement country construction material means” a construction material that-(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed. “Foreign construction material” means a construction material other than a domestic construction material. “Least developed country construction material” means a construction material that-(1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. “United States” means the 50 States, the District of Columbia, and outlying areas. “WTO GPA country construction material” means a construction material that-(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, NAFTA, and the Oman FTA apply to the this acquisition. Therefore, the Buy American statute restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials. (2) The Contractor shall use only domestic, or designated country construction material other than Bahrainian, Mexican, or Omani construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE for the initial task order. For future task orders, any excepted materials and/or components will be designated in future TO RFPs. 20 HSBP1017R0023 (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 25 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American Statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including-(A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information. ] 21 HSBP1017R0023 [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] 52.225-11 Buy American—Construction Materials under Trade Agreements (Oct 2016) (Applicable to a TO valued at $10,079,365 or more) (a) Definitions. As used in this clause— “Caribbean Basin country construction material” means a construction material that— (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. “Commercially available off-the-shelf (COTS) item”— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. “Component” means an article, material, or supply incorporated directly into a construction material. “Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. “Cost of components” means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. “Designated country” means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom); (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); 22 HSBP1017R0023 (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). “Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material. “Domestic construction material” means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. “Foreign construction material” means a construction material other than a domestic construction material. “Free Trade Agreement country construction material” means a construction material that— (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed. “Least developed country construction material” means a construction material that— (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. “United States” means the 50 States, the District of Columbia, and outlying areas. “WTO GPA country construction material” means a construction material that— (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: 23 HSBP1017R0023 NONE for the initial task order. For future task orders, any excepted materials and/or components will be designated in future TO RFPs. (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 25 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including— (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON Construction Material Description Unit of Quantity Price Measure (Dollars)* Item 1: Foreign construction material _______ _______ 24 _______ HSBP1017R0023 Domestic construction material _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2: [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] 52.236-1 - Performance of Work by the Contractor (Apr 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25% percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. 52.236-4 -- Physical Data (Apr 1984) Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations N/A. (b) Weather conditions N/A. (c) Transportation facilities N/A. (d) Per TO RFP, as applicable. No physical data is being provided for the initial task order. Physical data being provided for any future task orders will be provided, as applicable, in future TO RFPs. 52.236-21 - Specifications and Drawings for Construction (Feb 1997), Alternate II (Apr 1984) (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. (b) Wherever in the specifications or upon the drawings the words “directed”, “required”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be understood that the “direction”, “requirement”, “order”, “designation”, or “prescription”, of the Contracting Officer is intended and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import shall mean “approved by,” or “acceptable to”, or “satisfactory to” the Contracting Officer, unless otherwise expressly stated. (c) Where “as shown,” as indicated”, “as detailed”, or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide complete in place,” that is “furnished and installed”. (d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. 25 HSBP1017R0023 The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor’s approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government’s reasons therefor. Any work done before such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish 3 sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted. [END OF SECTION I] 26 HSBP1017R0023 Section J - List of Documents, Exhibits and Other Attachments Attachment #1: Attachment #2: Attachment #3: Attachment #4: Attachment #5: Attachment #6: Attachment #7: Attachment #8: Statement of Work Supporting Price Details Spreadsheet Past Performance Reference Questionnaire CBP Subcontracting Plan Template Wage Determination (for the prototype) SF-24 (Bid Bond) SF-25 (Payment and Performance Bonds) Project Performance Survey [END OF SECTION J] 27 HSBP1017R0023 Section K-Representation, Certifications, and Other Statement of Offerors and Respondents 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm and http://farsite.hill.af.mil/vfhsara.htm 52.204-16 - Commercial and Government Entity Code Reporting (Jul 2016) 52.204-19 - Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-22 - Alternative Line Item Proposal (Jan 2017) 52.216-27 - Single or Multiple Awards (Oct 1995) 52.232-13 - Notice of Progress Payments (Apr 1984) 52.204-8 - Annual Representations and Certifications (Jan 2017) (a) (1) The North American Industry classification System (NAICS) code for this acquisition is 236220. (2) The small business size standard is $36.5 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [_] (i) Paragraph (d) applies. [_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and 28 HSBP1017R0023 (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. (vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies. (xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations. (xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: N/A (i) 52.204-17, Ownership or Control of Offeror. 29 HSBP1017R0023 N/A (ii) 52.204-20, Predecessor of Offeror. N/A (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. N/A (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification. N/A (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification. N/A (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPADesignated Products (Alternate I only). N/A (vii) 52.227-6, Royalty Information. N/ (A) Basic. N/A (B) Alternate I. N/A (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. 52.209-7 - Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. “Federal contracts and grants with total value greater than $10,000,000” means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). “Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information 30 HSBP1017R0023 System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). 52.209-12 - Certification Regarding Tax Matters (Feb 2016) (a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts. (b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including option), the Offeror shall certify that, to the best of its knowledge and belief, it— (1) Has [ ] filed all Federal tax returns required during the three years preceding the certification; (2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. 52.225-10 - Notice of Buy American Act Requirement - Construction Materials (May 2014) (A) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9). (B) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9. (C) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on 31 HSBP1017R0023 unreasonable cost. (D) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause a t FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the c l a u s e at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the e q u i v a l e n t domestic construction material, and the offeror shall be required to furnish such domestic c o n s t r u c t i o n material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. 52.225-12 - Notice of Buy American Requirement-Construction Materials Under Trade Agreements, Alternates I (May 2014) and Alternates II (Jun 2009) (Applicable to a TO valued at $7,358,000 or more, but less than $10,079,365) (a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” “Bahrainian, Mexican, or Omani construction material”, as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11). (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani 32 HSBP1017R0023 construction material. An offer based on use of the foreign construction material for which an exception was requested-(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. 52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements (May 2014) and Alternate I (May 2014) (Applicable to a TO valued at $10,079,365 or more) (a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11). (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of clause 52.225-11. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program (Jun 2006) This solicitation contains a source selection factor or subfactor regarding participation in the DHS MentorProtégé Program. In order to receive credit under the source selection factor or subfactor, the offeror shall provide a signed letter of mentor-protégé agreement approval from the DHS Office of Small Business and Disadvantaged Business Utilization (OSDBU) before initial evaluation of proposals. The contracting officer 33 HSBP1017R0023 may, in his or her discretion, give credit for approvals that occur after initial evaluation of proposals, but before final evaluation. [END OF SECTION K] 34 HSBP1017R0023 Section L - Instructions, Conditions and Notices to Offerors and Respondents General Instructions to Offerors Questions and Amendments: All questions or concerns regarding any aspect of this solicitation shall be submitted electronically to BorderWallDesignBuild@cbp.dhs.gov no later than 4 PM EST on March 22, 2017. Questions received after this date and time may not be responded to by the Government. All emails with questions shall be clearly labeled in the subject line of the email with the RFP number: HSBP1017R0023. Offerors shall clearly identify the specific section of the solicitation to which each question relates when submitting questions. Reference should be made to the solicitation Section Heading, page number of the solicitation, and specific location on the page (e.g., third paragraph) in order to facilitate the Government’s response to each question. Questions shall be submitted in a Microsoft Excel file following a format similar to the table below: Table L.1 – Questions Format Question No. Reference Question Category Question # Solicitation or Attachments, and Section Contract or Technical Question Responses to submitted questions will be provided to all Offerors via an Amendment to this solicitation through FedBizOpps. If Amendments to the solicitation are issued, all Offerors must acknowledge the Amendments by signing the accompanying Standard Form 30 and returning the signed Standard Form 30 for all Amendments issued with the Offeror’s proposal submission. Failure to acknowledge all Amendments issued by the Government may result in the proposal submitted in response to the solicitation being found non-responsive by the Government. Alternate Proposals Alternate Proposals will not be accepted in response to this solicitation. Errors, Omissions or Ambiguities If an Offeror believes the solicitation, including the instructions to Offerors, contains an error, omission or ambiguity, or is otherwise unsound, the Offeror shall immediately notify the Contract Specialist and Contracting Officer in writing with supporting rationale. Anticipated Contract Award The Government intends to award multiple Firm-Fixed Price IDIQ Contracts with Initial Task Orders (Prototypes) resulting from this solicitation. The IDIQ period of performance (ordering period) will be for a five-year period. Task Order periods of performance under the IDIQ contracts may end up to five (5) years after the expiration of the IDIQ. 35 HSBP1017R0023 Contract Ceiling Limitation The contract ceiling to be shared amongst all IDIQ awardees shall not exceed $300,000,000. The ceiling may not be equally distributed among all IDIQ awardees. False Statements in Offers Offerors must provide full, accurate and complete information as required by this solicitation and its attachments. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Authorized Personnel The Offeror shall provide the name, title, address, e-mail and phone number of the company representative(s) who can obligate the Offeror contractually. Also, the Offeror shall identify the individual(s) authorized to negotiate with the Government by providing the name, title, address, e-mail, and phone number of the individual(s). Joint Ventures and Subcontractors – Proposal Requirements Joint Ventures: A joint venture is defined as a legal business entity formed between two or more companies (parties) to undertake the performance activities of a contract together. This does not include other arrangements, such as “teaming agreements” or “strategic alliances”, which are not recognized as bona fide joint ventures for the purposes of this solicitation. Offerors proposing as joint ventures shall provide evidence that the joint venture as a legal entity has been duly formed. Joint ventures shall include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. The Government will not evaluate the capability of any firms that are not included in the joint venture agreement. If submitting a proposal as a joint venture, the experience and past performance of each joint venture partner can be submitted for the joint venture entity. The experience for each joint venture partner will be considered the experience of the joint venture entity. Page and project form limits apply to the joint venture as a whole, i.e., a submission limitation of three (3) projects under the experience factor is not an allowance of three (3) projects for each of the joint venture partners. Prospective offerors that submit proposals may not change their firm (including Letter of Commitment (LOCs) and proposed sub-contractors) or their joint venture firms, if selected for award. If the joint venture changes after award, the offeror must immediately notify the Contracting Officer’s for an assessment of contractual impact. Subcontractors: The Government recognizes that completion of a project is often a team effort. Therefore, if an offeror wishes to be credited with the experience and past performance of a subcontractor (i.e., a firm that is not a member of the joint venture), a firm, unequivocal letter of commitment signed by the subcontractor must be submitted. The letter of commitment must be submitted even if the firm is in some way related to a joint venture partner (for example, the subcontractor is a subsidiary of a joint venture partner, or a subsidiary of a firm to which a joint venture partner is also a subsidiary). 36 HSBP1017R0023 If such a letter of commitment is not submitted, the experience and past performance of subcontractor firms will not be considered. If the offeror’s proposal includes the use of subcontractors, the offeror may not change subcontractors without the Contracting Officer’s approval. If the offeror proposes to change subcontractors or letters of commitment after award, the offeror may not change subcontractors or letters of commitment without the Contracting Officer’s approval. Approval will not be given unless the Contracting Officer considers the proposed substitute to be equal in all respects to the originally proposed subcontractor and that the substitution is in the best interests of the Government. Page and project form limits apply to the proposal submission as a whole, i.e., a submission limitation of three (3) projects under the experience factor is not an allowance of three (3) projects for the prime and its subcontractors, but reflect three (3) projects total for the prime as well as its subcontractors. PHASED EVALUATION PROCESS This solicitation is a phased evaluation, with a mandatory down-select between Phase I submission and Phase II submission. Offerors shall only submit responses to Phase I submission criteria by the due date noted for Phase I submission of offers. Offerors shall NOT submit responses to Phase II submission criteria unless notified by the Government after Government evaluation of Phase I proposal submissions. Submitting responses to Phase II submission criteria with the initial Phase I submission may lead to disqualification of an Offeror’s entire proposal. PHASE I – Concept Papers/Qualifications Statements Phase I Submission Instructions 37 HSBP1017R0023 Phase I Response Date: Responses to Phase 1 – Concept Papers/Qualifications Statements shall be received no later than 4 PM on March 29, 2017 to the BorderWallDesignBuild@cbp.dhs.gov. Only soft copies will be received in response to the Phase I. All submissions shall be clearly labeled in the subject line of the email with the RFP number and Phase: HSBP1017R0023, Phase I. Written Proposal Submission Format All Phase I responses shall be submitted in electronic format to the following email address: BorderWallDesignBuild@cbp.dhs.gov. The papers/qualifications shall be submitted in electronic format using Microsoft Word 2003 (or higher versions when available) for text submissions and Excel 2003 (or higher versions when available) for spreadsheet submissions. Submit only the electronic files specifically authorized and/or required for this phase. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages must be numbered. PDF pages should be formatted to print on 8 ½ by 11 inch paper, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Spreadsheets must fit to 11” x 14” or 11” x 17” paper size unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 12, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers of the solicitation, project title and company. Page limitations: One side of the paper is one page; and a page with information on both the front and back of a single sheet of paper will be counted as two pages. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are not included in the page limitation. The Phase I concept paper/qualifications statement shall not exceed ten (10) pages in total. The completed Project Performance Survey and Summary Matrix are excluded from the 10 pages. Phase I Concept Papers/Request for Qualifications The concept paper/qualifications should discuss the following (1-3) below: 1) Demonstrated Experience The Offeror shall describe the Prime Offeror’s and/or Major Subcontractors’ experience leading and successfully completing several large projects (completed to at least 50% or more within the past 5 years) that included design against specific customer requirements, a broad range of structures including but not limited to walls of other than solid concrete, roads, deployment and construction in challenging areas similar to the border environment, while meeting or exceeding cost, schedule, and performance goals. The Government defines similar projects as projects which address border/perimeter security or constructed fortification for challenging environmental and operational constraints that are at minimum $25 million dollars in size. However, the Government will consider project experience that may fall outside this definition, provided that the Offeror includes a rationale for the comparability. The Offeror shall also discuss its ability to be able to bond at a minimum value of $200,000. The Offeror shall provide a point of contact (name, telephone number, and email address) in its paper for the one project discussed in this section that it believes best represents its performance as it relates to the scope of this project. The Offeror shall also ask the identified POC to complete a Project Performance Survey (see Attachment #8), which the Offeror shall submit with its concept paper. It is the Offeror’s responsibility to submit a completed survey (by the POC) with its concept 38 HSBP1017R0023 paper. If an Offeror submits a concept paper without a completed survey, the Government will consider the concept paper incomplete and will not consider it in the Phase I evaluation. 2) Management and Technical Competence The Offeror shall identify key personnel with outstanding training, experience, and other qualifications; strong and credible assurance that those personnel will continue to be available throughout the period of performance, an outstanding and highly proactive program management approach with strong cost, schedule, and management controls; demonstrated experience in early identification and resolution of program variances; and outstanding technical approach with highly skilled technical personnel to support it. The extent to which the offeror has the skilled personnel and processes to perform a large and complex design and construction project shall be discussed. The offeror shall include descriptions of key personnel and their availability to support the project. The offeror shall also explain how it sets the project baseline, assesses status against the baseline, and addresses issues and variances. The offeror shall describe its ability to meet the Government’s schedule requirements for the prototype construction. The offer shall outline the skills and competencies of staff who are available to support the technical and management activities of the project. 3) Prototype Concept Approach The Offeror shall discuss and present the Offeror’s proposed design and construction concept for the “Other Border Wall Prototype”, consisting of technical approach narratives and information regarding the material and system quality. This may include conceptual level presentation drawings. Prototypes constructed in response to this solicitation must offer designs that are alternatives to reinforced solid concrete walls (i.e. no solid concrete external faces). The response must clearly define the proposed scope and quality levels that the design-build team is offering to the Government in enough detail for the Government and the Offeror to mutually understand whether or not the proposal meets or exceeds the minimum solicitation requirements for the “Other Border Wall Prototype”. Fully developed drawings, details or specifications are not desired or required. The Offeror shall describe how its proposed design and construction concept for the “Other Border Wall Prototype” accommodates the specific requirements and needs of the border environment. The Government has prepared a set of exemplar questions to be considered during proposal review. These exemplars are not designed to be all-inclusive, but are intended to assist offerors in better understanding certain areas of focus. In drafting Sections L and M of this RFP, the Government has intended to synthesize the spirit and intent of questions like these: • • • • • • Describe how your proposed border wall design meets or exceeds CBP’s performance requirements for the border wall prototype design (e.g. 6 feet anti-dig/anti-tunnel) Describe your experience executing high profile, high visibility and politically contentious designbuild projects Describe your experience constructing tactical infrastructure (e.g. fencing, roads, drainage, lights, etc.) on the southwest border Describe your design-build experience constructing projects in challenging (e.g. steep slopes up to 45 degrees) and or inaccessible terrain on the southwest border. Describe your dollar threshold experience with large design-build contracts efforts – what was the minimum/maximum? Describe your experience working on projects that involved a large number of federal, state and local stakeholders 39 HSBP1017R0023 • • • • • Describe your past performance (i.e. how your customer would rate you) on completing similarly sized programs and projects from a cost (original award; final cost) and schedule perspective (have you had to pay liquidated damages?) Describe potential project risks and your mitigation strategies- project risks mitigation strategy building wall along the southwest border Describe how you propose to keep costs low while still meeting CBP’s performance requirements. Describe the qualifications, experience and time availability of your key personnel- describe your successful ability to recruit and maintain staffing strategy in remote areas throughout the southwest border Describe design-build team’s experience working together. Where the offeror makes assertions about capabilities, experience, and skill, the concept paper shall include substantiating evidence so that the Government can assess the credibility and likelihood of those assertions. Examples of past design and construction work, or of existing or contemplated designs, that might bear on this effort could be one type of useful substantiating evidence for some elements. Offerors are strongly encouraged to create a matrix to show how elements of the proposal address the Government’s Statement of Work, Proposal Instructions, and Evaluation Approach. Offerors may attach a summary matrix not to exceed two pages to their Phase I proposal; these two pages will NOT count against the concept proposal page limit. PHASE I DOWN-SELECT After the Government completes its Phase I evaluation, the Government will perform a down-select of Phase I concept papers/qualifications and request Phase II submissions from only those Offerors who are deemed to be most highly qualified. The Government intends to invite up to twenty (20) Offerors from among those who submitted Phase I papers/qualifications into the Phase II proposal and evaluation process. This means that every Offeror who submits a Phase I concept paper/qualifications would not be able to participate in Phase II. Only the Offerors with the most highly rated Phase I concept papers/qualifications will be included in the down-select and will be notified accordingly. Offerors not included in the down-select will be notified by the Government separately and will have an opportunity to be debriefed in accordance with FAR Section 15.505. PHASE II – Request for Proposals Phase II Submission Instructions Phase II Response Date: Responses to Phase II – Request for Proposals shall be received no later than (date and time to be determined) to the BorderWallDesignBuild@cbp.dhs.gov. Only soft copies will be received in response to Phase II. All submissions shall be clearly labeled in the subject line of the email with the RFP number and Phase: HSBP1017R0023, Phase II. Each Offeror's proposal submitted in response to this solicitation shall be prepared in five volumes as defined below. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. 40 HSBP1017R0023 Offerors must submit initial proposals that are fully responsive to the Government’s requirements and that clearly demonstrate the Offeror’s capabilities and approach to meeting the requirements. Offerors shall prepare proposals and provide all required information in accordance with the following chart and subsequent instructions included herein. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and will be discarded if submitted as part of the Offeror’s proposal. Failure of a proposal to comply with these instructions may be grounds for exclusion of the proposal from further consideration. Volume I Volume Title Price/Business Soft/Hard Copies 1/None Page Limit No Limit II Technical/Management 1/None 20 III Other Border Wall Prototype Design 1/None 10 IV Past Performance 1/None 1 (plus PPQs) V Subcontracting Plan 1/None No Limit Page Limitations: Page limitations shall be treated as maximums. If exceeded, the excess pages will not be evaluated. Instead, they will be removed and retained in the solicitation file. Each page shall be counted except for the following: Cover Pages Tables of Contents Glossaries Acronym List Requirements Traceability Matrix Titled Tab Pages Resumes of Key Personnel Sample Reports Staffing Tables and Matrices Preliminary Sector Transportation Plans Cross Referencing: Each volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Indexing: Each volume shall contain a detailed Table of Contents to delineate the contents within the volume. Glossary of Abbreviations and Acronyms: If abbreviations and acronyms are used in Volume II - Technical & Management, include a glossary that contains a listing of all abbreviations and acronyms used with an explanation for each. Page Size and Format: Text shall be single-spaced, on 8 1/2 x 11 inch paper (except as specifically noted), with a minimum one-inch margin all around. Pages shall be numbered consecutively. 11” x 17” sized foldout pages may be used for tables, charts, graphs, or pictures that cannot be legibly presented on 8 ½” x 11” paper. An 11” x 17” printed on one side is a two sheet equivalent (with regards to the page count limitations). Print shall be of a minimum 12-point font size or a maximum 10 characters per inch (10-pitch, pica) spacing. 41 HSBP1017R0023 Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable. Tabbing: Offerors shall separate all Tabs and sections within the Price and Technical & Management Volumes with a titled cut sheet. Failure of a proposal to comply with these instructions may be grounds for exclusion of the proposal from further consideration. Signed Proposal: The Standard Form 1442, Solicitation, Offer and Award (Construction, Alteration, or Repair), is being used for this solicitation. This form is used by the Government as a Request for Proposal and upon submission by the offeror it becomes the offeror's proposal. As such, it is an "offer" which can be unilaterally accepted by the Contracting Officer and awarded on said SF 1442. The Contractor's offer and the Government's acceptance form the contract. Therefore, the following points must be strictly adhered to by the offeror in submitting the proposal: (a) One (1) originally executed copy of Standard Form 1442 (with Blocks 14 through 30 completed), and Section K fully executed, shall be submitted. (b) The SF 1442 must be executed by a representative of the offeror authorized to commit the offeror to contractual obligations. The authority to sign a proposal, but not an offer, subject to unilateral acceptance and award, is not sufficient authorization to sign the SF 1442. (c) UNDER NO CIRCUMSTANCES SHOULD OFFERORS MAKE ALTERATIONS OR CHANGES TO THE SF 1442 OR THE RELATED PAGES WHICH ARE A PART OF THE ENCLOSED REQUEST FOR PROPOSAL AND PROPOSAL PACKET. Offerors are to complete those parts that require items such as prices, place of performance, etc., when such items are called for in the enclosed request for proposal. A place is provided to insert such information. VOLUME I: PRICE/BUSINESS PROPOSAL [Phase II] 1) Proposal Form 1442: Offerors are required to complete and submit Standard Form 1442 as part of its proposal along with any amendment receipt acknowledgement(s). 2) TAB A - Schedule B: Offerors shall complete Section B of the RFP AND submit a complete price breakdown for the prototype project per Attachment #2 (Supporting Price Details Spreadsheet), which will be the basis for price evaluation for the IDIQ and initial Task Order. Additionally, the Offeror shall submit a one (1) page rationale that describes the Offeror’s perceived tradeoffs between its proposed approach for the prototype and its proposed price for the prototype. Trade-offs may describe how the proposed “Other Border Wall Prototype” solution justifies the price premium or better satisfies the mission and operational needs. 3) TAB B - Bid Guarantee: Offerors shall include their bid guarantee in this tab of the Price/Business Proposal. 42 HSBP1017R0023 4) TAB C – Joint Venture Agreement (as applicable): Offerors proposing as joint ventures shall include a copy of their legal joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. Cost or Pricing Data: Offerors are not required to submit certified cost or pricing data. Full and open competition is expected which will be used to determine fairness and reasonableness of proposed pricing. Prices will be compared on a Contract Line Item Number (CLIN) and/or total basis. However, Offerors may be requested to provide additional information in the event costs appear over-stated or under-stated. VOLUME II: TECHNICAL & MANAGEMENT This volume must not contain any reference to price; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the offeror's understanding of the requirements may be evaluated. The Technical & Management Volume shall be prepared in such a manner as to enable the Government reviewers to make a thorough evaluation and arrive at a sound determination of whether the proposal meets all technical requirements of the solicitation. To this end, the Technical & Management Proposal should be sufficiently specific, detailed, and complete as to clearly and fully demonstrate that the offeror has a thorough understanding of the requirements set forth in the solicitation. Statements by an offeror that merely offer to perform in accordance with the Government's requirements or which merely paraphrase the requirements document(s), or use phrases such as, "standard engineering practices will be employed," or "well established techniques will be employed," etc. may be considered non-compliant and ineligible for award. The Technical & Management Volume shall not exceed 20 pages (excluding the transmittal letter). This volume shall also include the following: 1) Transmittal Letter: A letter that formally transmits the technical proposal and states in general terms how the offeror meets the solicitation requirements. This letter shall not exceed two (2) pages, which shall not count against the total number of pages authorized for the Technical and Management Volume. 2) Tab A: Technical and Management Plan (15 pages total) A-1: The Offeror shall describe how the Offeror’s management approach will meet the Government’s requirements outlined in the IDIQ Statement of Work for managing technical and management approach in the areas of execution, quality control, program controls, and management capability to simultaneously perform multiple wall construction contracts in both remote and urban environments, under varied environmental conditions, along the southwest border. This should clearly identify major subcontractors and the roles and responsibilities of major subcontractors related to the overall proposed technical and management plan. A-2: The Offeror shall describe how the Offeror will manage the construction of the “Other Border Wall Prototype” under the initial Task Order to include the following: number and composition of work crews by phase, coordination and control of work crews, material transportation, delivery and staging, pre-fabrication strategy, production management, coordination of construction with on-going design efforts, quality control processes, and types of equipment to be used to perform work. A-3: The Offeror shall provide a detailed schedule showing key activities and milestones, including critical path. The Offeror shall provide a plan for streamlining design and construction and managing 43 HSBP1017R0023 labor and other resources to reduce costs and achieve an aggressive schedule. The Offeror shall discuss the Offeror’s internal process for handling delays to minimize “schedule creep.” A-4: The Offeror shall describe how the Offeror will address security under performance of any resultant IDIQ and task orders. A-5: The Offeror shall describe any technical and management innovations it is proposing to implement which are focused on quality improvement, cost reduction, schedule efficiencies, and increasing the security of the wall under performance of a resultant IDIQ award. 3) TAB B - Bonding Capacity (2 pages) Provide substantiating evidence from a federally approved surety indicating that the Offeror (prime contractor only) has the ability to bond for the full value of the offeror’s prototype. The offeror must submit a letter of commitment from a surety, signed by an officer or agent authorized to bond, that identifies the offeror’s available bonding capacity and limits that the surety will bond the Offeror, as the successful awardee for this project, taking into consideration the Cost Ceiling Limitation described in this Solicitation. If the Offeror submits evidence from an individual Surety, the individual surety must include documentation meeting the requirements of FAR 28.203 and contract clause 52.228-11. Offerors should note that additional bonding requirements may be required on subsequent task orders under the resultant IDIQ contract. See Section H clause “Ordering Procedures” for additional information. If an informal teaming agreement is in place, the small business offeror with the DUNS number provided on the proposal must possess the bonding capacity. If an SBA approved Joint Venture, then the bonding capacity of the mentor can be used per current SBA rules. The teaming agreement must be provided if an informal teaming arrangement, or the SBA approval and CCR register if an SBA approved joint venture. A list of federally approved sureties can be found at the following website: https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm 4) Tab C - Resumes of Proposed Key Personnel (1 page per resume) The Offeror shall submit the resume for all three (3) proposed Key Personnel in accordance with the RFP requirements (Section H and the Statement of Work (SOW)). The resumes shall demonstrate the technical competency of each proposed Key Personnel to support the requirements of the scope and contractual obligations contained within this solicitation for that Key Personnel position. Technical and Management Oral Presentation: See oral presentation instructions in “Phase 2 – Oral Presentation” below (30 minutes) VOLUME III: “OTHER BORDER WALL PROTOTYPE” DESIGN (10 pages total) The Offeror shall provide a 60% Preliminary Design Submittal for proposed “Other Border Wall Prototype” based upon the information made available in this RFP and any amendments thereto. Prototypes constructed in response to this solicitation must offer designs that are alternatives to reinforced solid concrete walls (i.e. no solid concrete external faces). The Preliminary Design Submittal shall be comprised of design narratives, 44 HSBP1017R0023 engineering drawings, and technical specifications. The Offeror shall also provide a 30-day build schedule for the proposed “Other Border Wall Prototype”. “Other Border Wall and Prototype Designs Oral Presentation: See oral presentation instructions in “Phase II – Oral Presentation” below (60 minutes total for “Other Border Wall Prototype”). VOLUME IV: PAST PERFORMANCE (not to exceed 1 PPQ per project submitted under Phase I – Demonstrated Experience; plus 1 page of POC information only (includes POCs for all PPQ projects)) The Offeror shall send Attachment #3 Past Performance Questionnaire to references associated with the projects submitted under Phase I - Demonstrated Experience, requesting that the Past Performance Questionnaire be completed (by the reference) and returned electronically via e-mail to BorderWallDesignBuild@cbp.dhs.gov. All submissions shall be clearly labeled in the subject line of the email with the RFP number, Phase, and Offeror’s name: HSBP1017R0023, Phase II, [Offeror’s Name]. Additionally as part of its Phase II proposal, the Offeror shall provide the Government one (1) page that contains the Point of Contact (POC) information for each project cited in its submission in response to Phase I - Demonstrated Experience. The provided POC information shall include the project title, the full name of the POC, the POC’s company, the POC’s title, and the POC’s e-mail and phone number). The Government reserves the right to contact identified POCs to discuss the Past Performance Questionnaire submitted by that POC as well as to request additional information or clarifications. The Government may also consider past performance reports available on other past performance databases, such as the Past Performance Information Retrieval System (PPIRS), the Construction Contractor Appraisal Support System (CCASS), and Contractor Performance Assessment Reporting System (CPARS), as part of its evaluation. The past performance evaluation conducted in response to this submission for the Past Performance Factor is in addition to the Contracting Officer’s Determination of Prospective Contractor Responsibility that will be conducted in accordance with FAR 9.1. VOLUME V: SUBCONTRACTING PLAN (no page limitation) This requirement applies to large businesses only. Small businesses are EXEMPT from the requirement to submit Volume V: Subcontracting Plan. Subcontracting Plan Requirements: (a) Describe the Prime’s corporate commitment in providing subcontracting opportunities for small business (SB), small-disadvantaged business (SDB), women-owned small business (WOSB), HUBZone small business, and service disabled veteran-owned small businesses (SDVOSB). Describe the strength and specificity of each corporate commitment (i.e., what type of commitment, how binding is the commitment, how specific is the commitment to this proposed effort, and what types of tasks are included in these subcontracting opportunities). (b) Provide one year history demonstrating your corporate commitment to meet your subcontracting goals/targets by providing SF 294s, Subcontracting Report for Individual Contracts, for those contracts/projects which you are submitting under Past Performance. If goals were not met on the SF 294 then provide an explanation as to why the goals/targets were not met. This information will be used to determine proposal risk associated with the offeror’s corporate commitment for small business goals. 45 HSBP1017R0023 (c) Goals/Targets. (1) Describe how your subcontracting targets compare to the CBP goals (e.g. meets, exceeds, or does not meet). SMALL BUSINESS SMALL DISADVANTAGED WOMAN OWNED HUBZONE SERVICE DISABLED VETERAN OWNED 38% 5% 5% 3% 3% (2) Describe how you will meet specific subcontracting percentages and goals for the CBP contracts expressed in dollars and in percentages of your total proposed subcontracting dollars for subcontracting to each category above. These goals may be met by any combination of subcontracts, other business teaming arrangements or vendor purchases and should make use of small businesses to the maximum extent practicable. (3) For the SDB Participation Program, provide your targets expressed as dollars and percentages of anticipated total contract value, in each of the applicable, authorized NAICS Industry Subsectors. For proposal purposes, provide your assumption of anticipated total contract value should you be awarded a contract. This SDB Participation Program target is a separate target that you propose for this program, pursuant to FAR 19.12. ( d ) Provide a Small Business Subcontracting Plan in accordance with FAR 19.7 using Attachment #4 (CBP Subcontracting Plan Template). (e) Provide the signed letter of mentor-protégé agreement approval from the DHS Office of Small Business and Disadvantaged Business Utilization (OSDBU). Phase 2 - Oral Presentation 1) Notification for Oral Presentation: The invitation to submit response to Phase 2 Request for Proposals will include the date and time of the Offeror’s scheduled oral presentation, which will afford the Offeror at least ten (10) calendar days advance notice of the date, time and location of the Offeror’s scheduled oral presentation. The oral presentation will be held in-person in the Washington, DC metropolitan area. Further details will be provided to the Offeror in the invitation. The order in which Offerors invited to submit a response to Phase 2 Request for Proposals are scheduled for oral presentations will be randomly selected by the Government. 2) Recording: The Government reserves the right to record the oral presentation. 3) Offeror Participants: The Offeror’s participants in the oral presentations shall be limited to the Key Personnel proposed by the Offeror in the proposal submission, the responsible corporate official named in accordance with Section L “Authorized Personnel”, and two additional participants of the Offeror’s own choosing. No more than six (6) Offeror participants for the oral presentations are permitted. No later than five (5) calendar days prior to the Offeror’s scheduled oral presentation, the Offeror shall provide send the name, current employer/company, and e-mails of the Offeror Participants for the oral presentation to BorderWallDesignBuild@cbp.dhs.gov 4) Format for Oral Presentations: The Government intends for the oral presentation to proceed as follows: 46 HSBP1017R0023 Oral Presentation Portion 1 2 3 4 5 6 Oral Presentation Component Total Time Allotment Introduction and Oral Presentation Process and Expectations. The Government will provide the Offeror a standard set of questions related to technical and management capabilities. The Offeror shall caucus among themselves to prepare answers/responses and adjust its prepared oral presentation accordingly. The Offeror shall present its proposed technical and management approach, including to the standard set of questions provided by the Government. The Offeror shall present its proposed prototype designs for the “Other Border Wall Prototype” The Government will caucus to prepare clarifying questions The Offeror will hear and respond to the Government’s clarifying questions, if applicable. Not specified 30 minutes 45 minutes 60 minutes 15 minutes 15 minutes The Government will provide HDMI connection to a projector, white board, paper, and writing materials for the Offeror to use during oral presentations. Offerors can expect the presentation will be conducted in a conference room with a table of sufficient size to accommodate the participants, including the Government attendees. With the exception of two computers (one as back-up) that do not have wifi/internet connectivity, the Offeror shall not bring any electronic devices, including additional computers, tablets or smart phones, into the oral presentation conference room. The Offeror Participants shall not reach back, by telephone, e-mail or any other means, to any other personnel or persons for assistance during the oral presentation 5) Intent of Oral Presentation: The oral presentation is intended to explain the Offeror’s written submission for the Technical and Management Volume and the “Other Border Wall Prototype” Design. The oral presentation shall not provide the Offeror any opportunity to revise or change the proposed technical or management volume or proposed prototype wall designs, and is therefore not construed to be discussions with the Offeror. [End of Provision] 47 HSBP1017R0023 52.252-2 - Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: http://farsite.hill.af.mil/vffara.htm and http://farsite.hill.af.mil/vfhsara.htm 52.204-7 - System for Award Management (Oct 2016) 52.204-18 - Commercial and Government Entity Code Maintenance (Jul 2016) 52.214-34 - Submission of Offers in the English Language (Apr 1991) 52.214-35 – Submission of Offers in U.S. Currency (Apr 1991) 52.215-1 - Instructions to Offerors -- Competitive Acquisition (Jan 2017) 52.222-23 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.216-1 - Type of Contract (Apr 1984) The Government contemplates multiple Firm-Fixed Price IDIQ Contracts with Initial Task Orders (Prototypes) resulting from this solicitation. 52.222-5 - Construction Wage Rate Requirements—Secondary Site of the Work. (May 2014) (a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work. 52.228-1 - Bid Guarantee (Sep 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds -(1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. 52.233-2 Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with 48 HSBP1017R0023 an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Customs and Border Protection Attn: Border Wall Contracting Officer, Solicitation HSBP1017R0023 1331 Pennsylvania Avenue, NW National Place, Suite 1355 Washington DC, 20229 Emailed to: BorderWallDesignBuild@cbp.dhs.gov (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 3052.209-70 Prohibition on contracts with corporate expatriates (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a p l an (or a series of related transactions)— (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held— (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated e nt i t y should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. 49 HSBP1017R0023 (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: ___ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; ___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. [END OF SECTION L] 50 HSBP1017R0023 Section M - Evaluation Factors for Award M.1 Multiple Awards: The Government contemplates awarding multiple Indefinite Delivery Indefinite Quantity IDIQ contracts and prototype project(s) as the initial Task Order. M.2 Source Selection Process: The Government will evaluate each Offeror’s concept paper/qualifications statement in its totality. This means that the Government will include in its down-select those concept papers whose approach best meets the Government’s requirements, as evaluated, using the Phase I criteria set forth below. The outcome of this Phase I decision will determine those Offerors that will be invited to participate in Phase II. The Government will invite up to 20 Offerors to participate in Phase II. For those offerors invited to participate in Phase II, the Government will evaluate each proposal in its totality. Similar to Phase I, this means that the Government will evaluate all Phase II proposals in accordance with the Phase II evaluation criteria set forth below. Multiple awards will be made to offerors whose Phase II proposal provide the best value to the Government. The Government intends to evaluate proposals and award without further communication with Offerors. Therefore, the Offeror’s submission for Phase I and Phase II, if invited, shall contain the Offeror’s best terms. The Offeror shall assume that the Government has no prior knowledge of the Offeror’s experience and that the Government will base its evaluation on the information presented in the Offeror’s submission for Phase I and, if invited, for Phase II. M.3 Basis of Award: These awards will be made in accordance with Federal Acquisition Regulation (FAR) 15.101-1 Best Value Trade-Off Process. Award(s) will be made to the offerors whose proposal the Source Selection Authority (SSA) determines conform to the solicitation, is fair and reasonable with regard to pricing for the prototype projects, and whose proposal offers the best overall value to the Government when considering price and the non-price factors described herein. The trade-off process could result in award to other than the lowest-priced Offeror or other than the Offeror rated highest on non-price factors. M.4 Responsibility Determination: The Government will conduct a responsibility determination of Offerors prior to any prospective contract award according to FAR 9.104 – “Standards” using data listed on SAM.GOV, as well as other applicable sources. Offerors are encouraged to verify that the information listed on SAM.GOV is up to date and accurate. M. 5 Evaluation Factors and Relative Order of Importance: The Government will evaluate qualifications (Phase I) and proposals (Phase II) based on the following evaluation factors and relative order of importance: PHASE I  Factor 1-1 – Demonstrated Experience  Factor 1-2 – Management and Technical Competence 51 HSBP1017R0023  Factor 1-3 – Prototype Concept Approach Factor 1-3 is significantly more important than Factor 1-2. Factor 1-2 is more important than Factor 1-1. PHASE II      Factor 2-1 – Technical and Management Capability Factor 2-2 – Feasibility and Fit of the Prototype Wall Design Factor 2-3 – Past Performance Factor 2-4 – Small Business Subcontracting Plan Factor 2-5 – Price Factor 2-2 is significantly more important than either Factors 2-1, 2-3, or 2-4 individually. Factor 2-1 is more important than Factor 2-3. Factor 2-3 is more important than Factor 2-4. All non-price evaluation factors, when combined, are significantly more important than the price. As the non-price merits of competing Offerors’ proposals approach equal, Factor 2-5 will become more important in the best value trade-off decision. Small Businesses will be evaluated based on Factor 2-1, 2-2, 2-3, and 2-5. For Factor 2-4, Small Businesses will not be assigned a rating by the Government. M.6 Evaluation Approach PHASE I Factor 1-1 – Demonstrated Experience Evaluated based on evidence that the offeror has the demonstrated capability successfully to complete major design and construction projects of the large scope ultimately anticipated for the border wall. As part of this Factor, the Government will assess the offeror’s Specialized Experience and will consider the offeror’s past performance. Evaluated the extent to which the offeror has experience with large construction projects, and how well the contractor performed on those efforts and to the extent that the contractor’s financial viability, including the contractor’s ability to obtain adequate bonding for large construction projects. Offeror’s who provide strong substantiating evidence of experience, past performance, and financial viability will rank higher than offeror’s who have weak or unsubstantiated claims. Based on the contractor’s past experience, past performance, and financial viability, the Government will assess the likelihood that the offeror would successfully complete the project. A highly confident offeror will have characteristics including, but not necessarily limited to, experience leading and successfully completing several very large projects that included design against specific customer requirements, a broad range of structures including but not limited to walls of other than solid concrete, and roads, deployment and construction in challenging areas similar to the border environment, while meeting or exceeding cost, schedule, and performance goals. Further, a highly confident offeror will have provided 52 HSBP1017R0023 highly convincing justification to validate the claims and assertions in the proposal and will show financial viability and bonding appropriate to very large construction projects. Offerors must demonstrate that they have the ability to bond for a minimum value of $200,000. Offerors unable to meet this requirement will receive a low confidence rating and will be eliminated from further consideration. Factor 1-2 – Management and Technical Competence Evaluated for evidence that the offeror has the technical and management skills necessary to lead and complete a complex design and construction effort of this nature. Within this Factor, the Government will assess the extent to which the offeror identifies and commits key personnel with appropriate experience and qualifications. The Government will evaluate the offeror’s program management approach and assess the extent to which it will help increase the likelihood of completing the task on or ahead of cost, schedule, and performance goals. The Government will review the offeror’s proposed technical approach, as well as the capability of the contractor’s management and technical staff. The Government will determine its confidence that the contractors personnel and management control system will contribute to risk of program failure or likelihood of success. A highly confident offer will have characteristics including, but not necessarily limited to, identification of key personnel with outstanding training, experience, and other qualifications; strong and credible assurance that those personnel will continue to be available throughout the period of performance, an outstanding and highly proactive program management approach with strong cost, schedule, and management controls; demonstrated experience in early identification and resolution of program variances; and outstanding technical approach with highly skilled technical personnel to support it. Factor 1-3 – Prototype Concepts Approach Evaluate the likelihood that the offeror’s design and construction approach will result in a detailed proposal (including a 60% design) and subsequently a wall that meets or exceeds the Government’s requirements. Evaluate the contractor’s design approach and its likelihood of producing a design that meets or exceeds the Government’s requirements. The Government will also assess the offeror’s appreciation of and ability to accommodate considerations of cost and cost-effectiveness. Evaluate the offeror’s demonstrated understanding of the border law enforcement environment, how the law enforcement environment and operations are impacted by a wall or other barrier, and how well the prototype concept accommodates operational considerations of the border environment. A highly confident offer will have characteristics that include, but are not necessarily limited to, substantially exceeding nearly all of the Government’s requirements, a complete and credible understanding of the importance of cost and cost-effectiveness throughout the design and construction process, a prototype concept that clearly accommodates and will be effective in the specific operational environment on the border, and a demonstrated ability to provide enhancements and increased performance without excessive impact to overall cost. Offerors who fail to meet one or more of the Government’s requirements, or who provide inadequate substantiation of performance to enable the Government to reach a reliable conclusion, will receive a low confidence rating and may be eliminated from further consideration. 53 HSBP1017R0023 PHASE II Factor 2-1 – Technical and Management Capability The Government will consider how well the offeror’s technical and management approaches are likely to result in a successful prototype. In particular, the Government will consider: - The reasonableness and realism of the offeror’s proposed schedule The extent to which the offeror’s proposal meets or exceeds requirements The approach to maintenance and ease of repair The identification of risks and plans to mitigate them The reasonableness of any assumptions made by the offeror’s The offeror’s approach to assessing and reporting program progress The offeror’s approach to maintain effective communication with the Government The qualifications of the offeror’s proposed key personnel The offeror’s evidence from a federally approved surety indicating that the Offeror (prime contractor only) can bond for the full value of its prototype. Factor 2-2 – Feasibility and Fit of the Prototype Wall Designs Evaluated for evidence that the offeror understands the operational environment of the United States Border Patrol as it enforces our immigration laws along the United States Southwest Border. This will include evidence that the offeror understands the impacts of the environment on any design and construction activity. The Government will evaluate the extent to which the offeror has demonstrated a clear understanding of the environment where the border wall will be deployed. “Environment” is intended to be a broad term. It includes not just elements like the geography and location, but also the nature of the law enforcement mission near the border. The Government will evaluate the rigor and reliability of the offeror’s approach to demonstrate compliance with design requirements. The Government will also assess the soundness, effectiveness, completeness, and extent to which the offeror’s 60% prototype design and construction approach accommodates and adjusts based on the environment, and how construction of a wall impacts on a wide range of considerations. Those considerations include, but are not limited to, terrain, geology, hydrology, wildlife, environmental preservation, weather, human activity, and aesthetic treatment1 of U.S. facing exterior wall. The Government will assess how well the offeror has demonstrated an understanding of the Border Patrol’s operational mission, and how the design and construction of a wall impacts that mission. The Government will evaluate whether or not the offeror has presented ideas for wall design that will enhance the effectiveness of a wall in support of the Border Patrol and as part of a broader system of elements that contribute to border security. The Government will assess the likelihood that the offeror’s product will be of benefit to the United States Border Patrol. A highly confident offer will have characteristics including, but not necessarily limited to, outstanding awareness of the broad border environment that is substantiated and reinforced by experience with similar types of construction projects in similar environments; a reflection of that understanding in the proposed approach to design and construction of a border wall; an outstanding understanding of how the presence of a wall or other infrastructure will influence the ability of the Border Patrol to perform its mission; an outstanding understanding of the importance of reliability, strength, durability, susceptibility to damage, and ability to make repairs; and a presentation of innovative thinking and concepts that would significantly enhance the United States Border Patrol’s effectiveness. 54 HSBP1017R0023 1 Aesthetic Treatment – also commonly referred to as “architectural treatment”, refers to the overall form of the wall, its features such as the wall cap, wall columns, end treatments, and safety shapes. It also refers to the incorporation of color, texture, pattern, and/or imagery to the surfaces of the “Other Border Wall Prototype” structure to improve their appearance and integrate them into their surrounding urban or natural environment. Factors 1-1, 1-2, 1-3, 2-1, and 2-2 In evaluating Factors 1-1, 1-2, 1-3, 2-1 and 2-2, the Government will consider the offeror’s approaches and the risks associated with the approaches proposed by the Offeror to arrive at a confidence assessment of the Offeror’s likelihood of successfully performing the work and meeting the RFP’s objectives. The table below shows the ratings the Government will assign in its evaluation of these factors. Rating High Confidence Some Confidence Low Confidence RATINGS FOR FACTOR 1-1, 1-2, 1-3, 2-1 and 2-2 Definition The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention. The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention. The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention. Note that for Factor 2-1 and 2-2, the confidence rating will be assigned based on the evaluation of the Offeror’s written submission and the Offeror’s oral presentation for each factor. Factor 2-3 – Past Performance The Government will determine its level of confidence in the ability of the Offeror to meet or exceed the requirements based on an evaluation of the Past Performance Questionnaires (PPQs). To evaluate the PPQs, the Government will evaluate the PPQs submitted in Attachment #3 (Past Performance Questionnaire (PPQ)), reserving the right to conduct telephone interviews with the Point of Contacts submitted for each project, and assess a confidence rating according to the table below. The Government may also consider past performance reports available on other past performance databases, such as the Past Performance Information Retrieval System (PPIRS), the Construction Contractor Appraisal Support System (CCASS), and the Contractor Performance Assessment Reporting System (CPARS), as part of its evaluation. The past performance evaluation conducted for Factor 2-3 is in addition to the Contracting Officer’s Determination of Prospective Contractor Responsibility that will be conducted in accordance with FAR 9.1. Rating RATINGS FOR FACTOR 2-3 Definition 55 HSBP1017R0023 High Confidence Some Confidence Low Confidence Neutral Confidence The Government has high confidence that the Offeror will successfully perform the required effort with little or no Government intervention. The Government has some confidence that the Offeror will successfully perform the required the required effort with some Government intervention. The Government has low confidence that the Offeror will be able to successfully perform the required effort based on recent/relevant past performance even with Government intervention. No recent/relevant past performance is available, or the Offeror’s performance record is so sparse, such that a meaningful confidence rating cannot be assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance. Factor 2-4 – Small Business Subcontracting Plan For Factor 2-4, Small Businesses will not be assigned a rating by the Government. All large businesses will be evaluated for this factors as follows: The Government will assess the offeror’s understanding, commitment, and past history of small business participation that will assist CBP in meeting their Small Business goals. Reflects a valid corporate commitment between all parties in providing subcontracting opportunities for small business, small disadvantaged business, women-owned small business, Hubzone small business, and servicedisabled veteran owned concerns. It is more advantageous to demonstrate specific, binding commitments for substantive work for this proposed effort; The Government will assess how successful the offeror has been in meeting and/or exceed their subcontracting goals on previously performed contracts. Reflects compliance with CBP goals listed in Section L SMALL BUSINESS SMALL DISADVANTAGED WOMAN OWNED HUBZONE SERVICE DISABLED VETERAN OWNED 38% 5% 5% 3% 3% The Offeror demonstrates realistic targets expressed in dollars and in percentages of the total proposed subcontracting dollars for each category listed above; The Offeror demonstrates realistic targets for the SDB Participation Program expressed in dollars and percentages of total contract value for the authorized NAICS Industry Subsectors with respect to SDB participation in accordance with FAR 19.12; and The Offeror’s subcontracting plan meets the requirements of FAR 19.7. This is not an evaluation criterion, it is a basic contract requirement. The Government will evaluate the Offeror’s signed letter of mentor-protégé agreement approval from the DHS Office of Small Business and Disadvantaged Business Utilization (OSDBU), which is applicable only to large businesses. Small business offerors will receive the same amount of credit for being a small business (in 56 HSBP1017R0023 accordance with the NAICS code and size standard identified on the SF 1449) as large businesses who provide a signed letter of mentor-protégé agreement approval from the DHS OSDBU. The Government will determine its level of confidence in the ability of all Offerors (both large and small businesses) to meet or exceed the small business goals for this requirement based on an evaluation of the small business subcontracting plan. Rating High Confidence Some Confidence Low Confidence RATINGS FOR FACTOR 2-4 Definition The Government has high confidence that the Offeror will meet or exceed the small business subcontracting goals included in the requirement. The Government has some confidence that the Offeror will meet or exceed the small business subcontracting goals included in the requirement. The Government has low confidence that the Offeror will meet or exceed the small business subcontracting goals included in the requirement. Factor 2-5 – Price Price will be evaluated for fairness and reasonableness through the use of price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items. The prime shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract. M.7 Substantiating Evidence The Government will consider substantiating evidence in applying the Evaluation Factors. Substantiating evidence may be used in the evaluation of all evaluation factors. Offerors are expected to substantiate claims in their proposal. Examples of substantiating evidence include: • • Capabilities that are described by offerors in Phase II. Note: This bullet applies only to offerors within the Phase II. Analysis combined with outcomes, in which the analysis and outcomes support proposal claims. [END OF SECTION M] 57 Attachment 33M BORDER WALL DESIGN/BUILD IDIQ CONTRACT SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT ARTICLE C.1 – INTRODUCTION CBP seeks highly qualified Contractors to assist in the development of a new border wall design standard as well as construct border wall and supporting tactical infrastructure/technology along the southwest border. CBP seeks highly qualified Contractors to propose a border wall using an innovative approach to meet or exceed CBP’s performance requirements. The proposed prototype designs shall not include the use of proprietary design or equipment. Prototypes must offer designs that are alternatives to solid concrete walls. CBP plans to enter into multiple-award, indefinite-delivery, indefinite-quantity (IDIQ), task order contracts for Border Wall Design/Build Construction. The IDIQ may include various, simultaneous task orders ranging from $100,000 up to $275,000,000 per task order. CBP anticipates awarding IDIQ contracts to multiple Contractors. All selected Contractors will be awarded one (1) task order to construct its proposed prototype. All selected Contractors may also be provided an opportunity to propose on future task order requirements that are anticipated to be both design build and design bid build task orders for border wall and supporting tactical infrastructure and technology along the southwest border. Tactical infrastructure includes: access and patrol roads, fencing, drainage structures, motorized vehicle gates, light-emitting diode (LED) lighting, fiber optics and communication towers. Technology could include remote video surveillance systems (RVSS), ground sensors, etc. ARTICLE C.2 – BACKGROUND The Border Patrol and Air and Marine (BPAM) Program Management Office (PMO), within the Office of Facilities and Asset Management (OFAM), manages the planning, leasing, construction and sustainment of real property for the United States Border Patrol (USBP) and Air and Marine Operations (AMO) facilities and tactical infrastructure (TI). Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), as amended, 8 U.S.C. § 1103, provides the Department of Homeland Security with the key authority to construct – in the most expeditious manner possible – the infrastructure necessary to deter and prevent illegal entry on our southwest border. Additionally, Executive Order 13767 directs the Government to build a border wall with Mexico. The BPAM PMO is responsible for overseeing the planning and construction of the border wall. ARTICLE C.3 – GENERAL INTENTIONS The general intent of this acquisition is to award multiple indefinite-delivery, indefinite-quantity (IDIQ), task order contracts for the design and construction of border wall and associated tactical infrastructure/technology along the southwest border. The first task orders are anticipated to result in the design and construction of prototype walls that at a minimum meet CBP’s Border Wall requirements, which are described below. CBP shall use best practices and lessons learned from the prototypes to develop a Government-approved design standard that is intended to serve as the basis for future wall construction. CBP currently has design standards for its remaining tactical infrastructure components, which shall be provided to the IDIQ holders upon contract award. Tactical Infrastructure is defined in section C.5 Definitions. 1 BORDER WALL DESIGN/BUILD IDIQ CONTRACT C.3.1 Border Wall Design Considerations: Individual task order requests for proposals under this IDIQ shall specify requirements for each task order. There are several principal requirements that shall be reflected and incorporated in any designbuild activity under this IDIQ. Threshold requirements are intended to be minimums, although the terms of individual task orders may allow flexibility for trade-offs and variations among the threshold requirements and other factors. Objective requirements indicate features that, in addition to the thresholds, have significant value and would substantially enhance the effectiveness of a wall. Threshold Requirements 1) The wall design shall be physically imposing in height. The Government’s nominal concept is for a 30-foot high wall. Offerors should consider this height, but designs with heights of at least 18 feet may be acceptable. Designs with heights of less than 18 feet are not acceptable. 2) It shall not be possible for a human to climb to the top of the wall or access the top of the wall from either side unassisted (e.g. via the use of a ladder, etc.) 3) The wall design shall include anti-climb topping features that prevent scaling using common and more sophisticated climbing aids (e.g. grappling hooks, handholds, etc.) 4) The wall shall prevent digging or tunneling below it for a minimum of 6 feet below the lowest adjacent grade. 5) The wall shall prevent/deter for a minimum of 30 minutes the creation a physical breach of the wall (e.g., punching through the wall) larger than 12-inches in diameter or square using sledgehammer, car jack, pick axe, chisel, battery operated impact tools, battery operated cutting tools, Oxy/acetylene torch or other similar hand-held tools. 6) The north side of wall (i.e. U.S. facing side) shall be aesthetically pleasing in color, anti-climb texture, etc., to be consistent with general surrounding environment. The manufacturing/construction process should facilitate changes in color and texture pursuant to site specific requirements. 7) The wall design shall be able to accommodate surface drainage. 8) The wall design shall be able to accommodate Border Patrol approved design standards for pedestrian and automated mechanized vehicle sliding gates (25 feet and 50 feet). 9) The wall design shall be constructible to slopes up to 45 percent. 10) The wall fittings and fixtures shall be secured on the north side of the wall to shield from external attack. 11) The wall design should be cost effective to construct, maintain and repair. Objective Requirements 1) Incorporating a see-through component/capability to the wall that facilitates situational awareness but does not negate the requirements listed above is operationally advantageous. 2) It is operationally advantageous that the design of first 12 feet of wall height (as measured from the highest adjacent grade) be adaptable to prevent/deter for a period of time greater than 30 minutes up to 4+ hours the creation of a physical breach of the wall (e.g., punching through the wall) larger than 12-inches in diameter or square using sledgehammer, car jack, pick axe, chisel, battery operated impact tools, battery operated cutting tools, propane or butane or other similar hand-held tools. C.3.2 Design and Construction Requirements 2 BORDER WALL DESIGN/BUILD IDIQ CONTRACT The Contractor's design professionals shall be the Designers of Record for all awarded task orders to this IDIQ. They must take full responsibility for the design and must meet professional and regulatory standards. All work provided by the Contractor's Designers of Record shall be prepared by or under the direct supervision of licensed professional Engineers. Final calculations, drawings and specifications shall be affixed with signed and dated professional seals of the Architect or Engineer of Record for each specific professional discipline. Design and preparation of construction documents shall conform to all applicable codes and standards including, but not limited to, those listed within the RFP documents. The Contractor shall be responsible for the wall design. The Contractor shall be responsible for the coordination of design, engineering and construction disciplines in order to fulfill the requirements of this contract and to provide for a complete, integrated and functional design. All below grade utility crossings or other above or below grade interferences shall be coordinated, with any conflicts resolved, by the Contractor prior to start of construction. The Contractor shall be responsible for the professional quality, code compliance, technical accuracy and coordination of all designs, drawings, specifications, and other documents or publications upon which the construction is based. Any additional Geotechnical information required by the Contractor shall be acquired as part of the design-build proposal. Construction documents shall be sufficient to afford a clear understanding of the construction work required. The work shall be organized in a manner that shall assure thorough coordination between the various details on the drawings and between the drawings and the specifications. The Contractor shall cross-check all work and certify that all conflicts have been reconciled. The Contractor shall be responsible for the coordination of all Sub-Contractors required to complete construction. The Contractor shall provide all labor, supervision, tools, materials, equipment, transportation, and management necessary or incidental to provide planning, construction, repair and alterations for CBP. C.3.3 Emergency Circumstances The Contractor shall provide the names, job titles, and contact information, to include telephone numbers (business, cell phones, facsimile, pager numbers, etc.) of a senior manager within the Contractor's organization, and a minimum of one similarly qualified alternate to serve as continuously available liaison with the BPAM PMO appointed Wall Program and Project Manager(s). The Contractor shall submit the above information to the Contracting Officer (CO) and Contracting Officer’s Representative (COR) by email within two calendar days following receipt of the award. During the contract period, the Contracting Officer and the Contracting Officer’s Representative (COR) shall be notified immediately, by email, of any changes regarding the designated liaisons. C.3.4 Prototype Requirements The Contractor shall provide for the design and construction of a full-scale prototype. The prototype wall shall be 30 feet long and meet all of the border wall requirements specified herein (with the exception of the drainage, steep slope and gate requirements). Prototypes constructed under this task order must offer designs that are alternatives to reinforced solid concrete walls (i.e. no solid concrete external faces). Alternatives may include, but are not limited to, designs that have differing materials or may not be entirely solid. The prototype will be constructed at a location in San Diego, CA as determined by the Government. C.3.4.1 Border Wall (Task Order) The Contractor shall provide for the design and construction of a 30 ft. long prototype. The prototype shall include the following requirements from section C.3.1 of this Statement of Work: 3 BORDER WALL DESIGN/BUILD IDIQ CONTRACT Threshold Requirements 1) The wall design shall be physically imposing in height. The Government’s nominal concept is for a 30-foot high wall. Offerors should consider this height, but designs with heights of at least 18 feet may be acceptable. Designs with heights of less than 18 feet are not acceptable. 2) It shall not be possible for a human to climb to the top of the wall or access the top of the wall from either side unassisted (e.g. via the use of a ladder, etc.) 3) The wall design shall include anti-climb topping features that prevent scaling using common and more sophisticated climbing aids (e.g. grappling hooks, handholds, etc.) 4) The wall shall prevent digging or tunneling below it for a minimum of 6 feet below the lowest adjacent grade. 5) The wall shall prevent/deter for a minimum of 30 minutes the creation a physical breach of the wall (e.g., punching through the wall) no larger than 12-inches in diameter or square using sledgehammer, car jack, pick axe, chisel, battery operated impact tools, battery operated cutting tools, Oxy/acetylene torch or other similar hand-held tools. 6) The north side of wall (i.e. U.S. facing side) shall be aesthetically pleasing in color, anti-climb texture, etc., to be consistent with general surrounding environment. The manufacturing/construction process should facilitate changes in color and texture pursuant to site specific requirements. 7) The wall design shall be able to accommodate surface drainage. 8) The wall design shall be able to accommodate Border Patrol approved design standards for pedestrian and automated mechanized vehicle sliding gates (25 feet and 50 feet). 9) The wall design shall be constructible to slopes up to 45 percent. 10) The wall fittings and fixtures shall be secured on the north side of the wall to shield from external attack. 11) The wall design should be cost effective to construct, maintain and repair. Objective Requirements 1) Incorporating a see-through component/capability to the wall that facilitates situational awareness but does not negate the requirements listed above is operationally advantageous. 2) It is operationally advantageous that the design of first 12 feet of wall height (as measured from the highest adjacent grade) be adaptable to prevent/deter for a period of time greater than 30 minutes up to 4+ hours the creation of a physical breach of the wall (e.g., punching through the wall) no larger than 12-inches in diameter or square using sledgehammer, car jack, pick axe, chisel, battery operated impact tools, battery operated cutting tools, propane or butane or other similar hand-held tools. C.3.4.2 Mock-Up Construction The Contractor shall design and construct a 10 ft. by 10 ft. mock-up of an exemplar section of its prototype at a location in San Diego, CA as determined by the Government. The mock-up shall replicate the structural design of the prototype’s first 10 ft. of above ground wall height (measured from the adjacent ground) and length to allow the Government to test and evaluate the anti-destruct characteristics of the bidder’s wall design. The mock-up shall meet all technical requirements except the anti-dig, anti-climb, and aesthetics. The anti-dig and anti-climb characteristics will not be tested with the mock-up. The modified above ground foundation shall not affect the criteria outlined in specifications below. The mock-up shall include the following requirements from section C.3.4.1 of this Statement of Work: 4 BORDER WALL DESIGN/BUILD IDIQ CONTRACT 1) The Contractor shall build the mock-up to reflect the maximum performance contained within the prototype design (i.e., between 30 minutes and 4+ hours). 2) The wall fittings and fixtures shall be secured on the north side of the wall to shield from external attack. 3) If the prototype wall design includes see-through component/capability then it shall be installed in the mock-up to test its anti-destruct capabilities The mock-up shall be constructed within two (2) weeks after notice to proceed (NTP) and shall be constructed concurrent to prototype construction. Within seven (7) calendar days of notification of completion of mock-up completion of evaluation by the Government, the Contractor shall remove the structure and dispose of it properly. Disposal includes site clean-up after testing has concluded. C.3.4.3 Project Kick-off Meeting The Contractor shall attend a Government led project kick-off meeting eight (8) calendar days after task order award. The Contractor shall provide the following documents at the meeting: • Detailed Schedule (recommended in Primavera) for the approach of the prototype and mock-up including, but not limited to, the following milestones: fabrication, site preparation, and install/construction to include a progress schedule. Schedule must include approach for completing construction of both the mock-up and prototype within the same thirty (30) calendar day timeline. • Material and equipment staging plan • Quality control (QC) plan • Safety and security plan • Documentation for personnel as outlined in Article C.10 Security The Contractor shall be prepared to brief the Government on its plan and timeline for construction. C.3.4.4 Prototype Design-Build The purpose of the selected prototypes is to allow CBP to evaluate the features of the Contractor’s design for potential inclusion in a border wall standard to be developed by the Government immediately following the construction and evaluation of the prototype designs. The Contractor shall develop a design that meets the requirements cited in section C.3.4.1 excluding surface drainage and gates. The Contractor shall demonstrate that the design meets the requirements through the use of industry accepted practices. • • • • The Contractor shall conduct a final high-level design review with the Government at the project kick-off meeting. The Contractor shall follow all quality control and safety plans provided to the Government during the contract kick-off meeting. The Contractor shall be prepared to mobilize within one (1) week of contract award. Contractor shall not begin construction until Notice to Proceed (NTP) is issued. Once given NTP, Contractor shall complete prototype construction within thirty (30) calendar days. The Contractor shall ensure the design is compatible with the geography, terrain, and other characteristics of the prototype location. A Government provided geotechnical report will be 5 BORDER WALL DESIGN/BUILD IDIQ CONTRACT • • provided with the Phase II solicitation. Additionally, the Government will hold a site visit at the prototype location seven (7) calendar days after the release of the Phase II solicitation. The Contractor shall produce and deliver to the Government the 95% design package within seven (7) calendar days of contract award. The Contractor shall be responsible for any staging areas as required at an offsite location. (I.e. no staging on the border will be made available by the Government). C.3.4.5 Disposal If, upon completion of its evaluation, the Government directs the Contractor to remove the prototype and dispose of it properly off-site, then the Contractor shall restore the site to the previously existing conditions. The Contractor shall complete the removal and restoration within fourteen (14) calendar days of notification by the Government. C.3.4.6 Deliverables Upon completion of the Prototype construction, the Contractor shall provide the Government 100% “as-built” designs. Construction of a 10 ft. wall segment mock-up as defined in section C.3.4.2. Removal of the mockup and site restoration as defined in section C.3.4.2. Construction of a 30 ft. long prototype wall as defined in section C.3.4.1. Removal of the prototype and site restoration as defined in section C.3.4.5. Detailed Schedule as defined in 3.4.3 Material and Equipment Staging Plan as defined in 3.4.3 Quality Control (QC) Plan as defined in 3.4.3 Security Plan as defined in C.11 and C.11.1 Documentation for personnel as outlined in Article C.10 Security Health and Safety Plan as defined in C.11 C.3.4.7 Government Furnished Information Geotechnical site information for the prototype efforts will be provided in Phase II of the solicitation for the Contractor’s use. Additionally, the Government will provide 10 ft. contour topographic information of the site. This information is not site specific data and should be used for informational purposes only. Best Management Practice (BMP) requirements for meeting all environmental considerations in the construction area will be provided in Phase II of the solicitation. ARTICLE C.4 – CBP LOCATIONS 6 BORDER WALL DESIGN/BUILD IDIQ CONTRACT Task orders under this contract may be performed at any of the following locations in the vicinity of the U.S. border with Mexico: Southwest border in California, Arizona, New Mexico, and Texas ARTICLE C.5 – DEFINITIONS a) Access Roads. Access roads generally provide access from public roads to the border patrol roads and to TI not accessible from a border road. Access roads are typically one-lane roads with pullouts and turnarounds to accommodate two-way traffic. The width of the access roads shall be 12 feet for one-lane roads but shall widen to 16 feet at curves and points of short sight distance. Access road width and pullout placement shall be designed to allow safe passing of two vehicles at the same time. The maximum width of access roads shall be 16 feet. Access roads are typically constructed of graded aggregate or native materials. b) Border Lighting. Border lights typically consist of LED (Light-Emitting Diode) fixtures mounted on poles to illuminate areas along and in proximity to the border to facilitate Border Patrol enforcement activities. c) Contracting Officer. “Contracting officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. “Termination contracting officer (TCO)” refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR Chapter 1) to administrative contracting officer or termination contracting officer does not: 1. Require that a duty be performed at a particular office or activity; or 2. Restrict in any way a contracting officer in the performance of any duty properly assigned. d) Contracting Officer’s Representative. Person(s) designated by the Contracting Officer to be the authorized Government representative in charge of the project. e) Contractor. The term Contractor as used herein refers to both the prime Contractors and any of their subcontractors. The Contractor shall ensure that subcontractors comply with the provisions of this contract. f) Contractor Representative. A supervisor, superintendent, or manager assigned in accordance with the clause entitled SUPERINTENDENCE BY THE CONTRACTOR. g) Drainage Structures. Required to accommodate surface run-off and concentrated conveyance of storm water in a manner that keeps the border accessible to CBP during precipitation events. 7 BORDER WALL DESIGN/BUILD IDIQ CONTRACT h) Fiber Optics Cable. Fiber optics cabling is typically installed in proximity to wall or fence and is used by CBP to facilitate telecommunications. CBP’s OIT is responsible for providing and installing any electronics associated with the fiber optics cable. i) Gates. Gates in fencing and walls are needed to access International Boundary & Water Commission (IBWC) border monuments; accommodate large quantities of concentrated storm water run-off; and accommodate passage of authorized vehicles and personnel. The gates are manually operated with the exception of vehicle gates, which can be mechanized and automated if required. j) Patrol Roads. Border patrol roads are generally oriented parallel with the border and are used for direct enforcement of the border. Border roads are typically 20 feet wide and are posted for 25 miles per hour travel. These roads shall be designed to allow safe passing of two vehicles at the same time. The roads are constructed of asphalt, concrete or graded aggregate depending on the topography and geotechnical conditions. k) Quality Assurance (QA). A method used by the CBP to provide some measures of control over the quality of purchased goods and/or services received. l) Quality Control (QC). A method used by the Contractor to control quality of goods and/or services produced. m) Scope of Work. Refers to a specific job which shall be ordered by an individual task order. n) Tactical Infrastructure (TI). TI are physical components designed to assist the Border Patrol in securing the border. These components include but are not limited to wall, fence, roads, gates, bridges, lights, boat ramps, and grates. TI facilitates deterrents and acts as an impediment that slows, delays, contains and serves an obstacle to illicit crossborder activities. o) Task Order. “Task order” means an order for services placed against an established contract or with Government sources. p) Telecommunications Towers. Towers ranging from 80 feet to several hundred feet used by CBP to provide tactical communications for Border Patrol command and control and safety. Towers shall include a shelter for equipment as well as a power supply, in some cases requiring solar power where electrical service is not available. q) Wall. An 18-30ft. tall barrier designed to prevent illegal entry and drug ARTICLE C.6 – SCOPE OF WORK – DESIGN-BUILD PLANNING SERVICES For Design-Build requirements, the Contractor shall provide Architectural and Engineering (A-E) planning services. A-E services that are not part of a design-build requirement are not allowed under this contract. The Contractor is required to provide detailed surveying, site layout work, shop drawings, drawings and sketches, drawings detail expansion, engineering calculations, and other related work as required to properly prepare and accomplish all design-build work. The Design-Build Contractor shall be responsible for the coordination of design, engineering and construction disciplines in order to fulfill the requirements of this contract and to provide for a complete, integrated and functional design. All below grade utility crossings or other above or below grade interferences shall be coordinated, with any 8 BORDER WALL DESIGN/BUILD IDIQ CONTRACT conflicts resolved, by the Contractor prior to start of construction. Construction documents shall be sufficient to afford a clear understanding of the construction work required. The work shall be organized in a manner that shall assure thorough coordination between the various details on the drawings and between the drawings and the specifications. The Contractor shall cross-check all work and certify that all conflicts have been reconciled. These guidelines establish the minimum level of quality and CBPspecific requirements for all design and construction projects at CBP. The minimum requirements in this document, as modified by project-specific variances, shall be thoroughly coordinated and reflected in the drawings and specifications. The Contractor shall also comply with the latest edition of all applicable national building codes and regulations. The degree of work may vary depending on the complexity of individual projects. Project record drawings are not considered A-E planning services. Record drawings shall be provided upon the completion of every task order. Computer-Aided Drafting and Design. Drawings shall be prepared using the latest AutoCAD release. The drawing submission shall include hard copy and electronic documents. Quantity, size and format to be specified in task order. Plans and Specifications. The A-E shall develop project-specific plans and specifications. The A-E shall develop the new specification using the latest version of the AIA (American Institute of Architects) Master specs as the baseline. Provide ten (10) hardcopy and electronic version in Microsoft Word and Adobe PDF. Quantity, size and format (including pdf) to be specified, as applicable, in each task order. ARTICLE C.7 – SCOPE OF WORK – CONSTRUCTION SERVICES Specifications shall be provided to the Contractor and shall be utilized under this contract, unless otherwise directed by the Contracting Officer. The Contractor shall be responsible for, but not limited to, the following services: 1) Construction services. Construction services shall be provided in response to individual task orders. The work described herein extends beyond the conventional, single project construction concept in that it may involve the planning, scheduling, coordination, procuring, and installation of a fluctuating series of related tasks. 2) Work and Services. The work to be performed under this contract shall include furnishing all labor, materials, supervision, coordination, miscellaneous equipment and materials required for full and complete execution of the work as defined herein and the attached standard details. 3) The Contractor shall perform all management, supervision, and other administrative activities necessary to assure performance in strict compliance with the terms and conditions of this contract. 4) The Contractor shall provide all labor, materials, equipment, supplies, permits, fees, and consultant services required to construct and install the border wall and associated tactical infrastructure including but not necessarily limited to access roads, patrol roads, fiber optics cable, drainage structures, border lighting, and tactical communication towers. 5) The Contractor shall be responsible for the professional quality, code compliance, technical accuracy and coordination of all designs, drawings, specifications and other documents or publications upon which the construction is based. 9 BORDER WALL DESIGN/BUILD IDIQ CONTRACT 6) All survey work performed by the Contractor, including but not limited to construction staking, topographic survey, and as-built drawings, during the design and construction shall be performed under the direction of a licensed professional Surveyor. 7) All construction required of the Contractor to complete the construction of the prototype and resulting task orders (if any), as well as any associated tactical infrastructure and technology insertions or add-ons, shall be in accordance with the criteria contained herein using industry standard materials and efficient practices. The Contractor shall buy materials and equipment accepted within the construction industry. The materials selected shall be of high quality, durable and easily maintained. 8) Beginning on the date of Notice to Proceed (NTP) on this contract, the Contractor shall be continuously available to Custom and Border Protection’s representatives for response to requests for information, discussion of contract performance, and other contract administration activities such as billing or payment, etc. 9) The Contractor shall be responsible for the coordination of all Sub-Contractors required to complete construction. 10) The Contractor shall adhere to all construction related Best Management Practices (BMPs) identified by CBP in each Task Order Award. BMPs outline the Government’s requirements for meeting all environmental considerations in the construction area. The Contractor shall be required to participate in CBP-provided BMP awareness training at the kickoff of the project. CBP shall conduct routine monitoring of BMP implementation during construction activities. The Contractor shall be required to immediately correct any non-compliant BMP upon notification by CBP. 11) Neither the Contractor, nor the Contractor’s representatives, shall release any report, data, specification, photograph, cost estimate, nor other information in any form obtained or prepared under this contract without prior written approval of the Contracting Officer. 12) Upon completion of any construction project awarded under the IDIQ, the Contractor shall submit Final As-Built Drawings and Specifications. Other construction records, including requests for information (RFI) and QA/QC documents, shall be submitted in Adobe Acrobat PDF format. 13) Record Documents. During the progress of the job, the Contractor shall keep a careful record at the job site of all changes and corrections from the layouts shown on the drawings. The Contractor shall enter such changes and corrections on contract record drawings and shall indicate, in addition to all changes and corrections, the actual location of all sub-surface utility lines. In order that the location of the lines and appurtenances may be determined in the event the surface openings or indicators become covered over or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface fixtures, the end of each run, and each change in direction. Valve, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a reference point. The average depth below the surface of each run shall also be recorded. At the time of final acceptance of each structure or facility involved under the contract, the Contractor shall submit to the Contracting Officer record documents. 14) Record of Materials. The Contractor is required to furnish a record of materials used in the construction upon completion of each task order. The deadline for submission of the record of materials will be specified at the task order level. Submission of this data is a condition 10 BORDER WALL DESIGN/BUILD IDIQ CONTRACT for final payment. Where several manufacturers ‘brands, types, or classes of the item listed have been used in the project, the specific areas where each item was used shall be designated. Designation shall key to the areas and spaces depicted on the record drawings. 15) Contractor’s Management and Supervision. The Contractor shall provide and maintain a professional staff for the management and supervision of all task orders. The Contractor is solely responsible for obtaining any other services deemed necessary for effective execution of task orders. ARTICLE C.8 – DESIGN AND CONSTRUCTION SCHEDULE Within seven (7) calendar days of receipt of any task order award (including the prototype task order), the Contractor shall submit a proposed design and/or construction schedule for review and approval by the Contracting Officer’s Representative. The schedule shall be approved in writing by the Contracting Officer’s Representative before any work is started. The schedule shall be prepared in Critical Path Method (CPM) – program based format following the outline of the component divisions and subsections of the project specifications. The schedule shall be prepared in Primavera (or equivalent scheduling software) in sufficient size and detail to clearly indicate the following: The schedule shall include the proposed sequence of design and construction including required phasing of the work the design and construction submissions (e.g. design submissions, shop drawings, samples, and other submittal information). This should include projected submittal approval dates (allow ten (10) working days for review) and material delivery dates. Contractor shall provide Work Breakdown Schedule (WBS) for approval which shall include the activity identification system for labeling all work activities. Costs assigned to all activities shall equal the contract value, including material and equipment. The Project Schedule shall include time scaled network diagrams; computer generated mathematical analysis reports, and associated reports as required by this Specification section. The mathematical analysis reports shall include, at a minimum, the following information: 1) Activity number(s) and descriptions; 2) All WBS codes; 3) Original and remaining durations for each activity; 4) Early start by calendar date; 5) Early finish by calendar date; 6) Late start by calendar date; 7) Late finish by calendar date; 8) Actual start by calendar date; 9) Actual finish by calendar date 10) Total float in work days; 11) Monetary value of each activity; 12) Percentage of activity complete linked to remaining duration; 13) Contractors earnings, based on the Contractors reported portion of activities completed and accepted; and 14) Imposed constraints. All requirements shall be specified on a task order basis. ARTICLE C.9 – CONTRACTOR QUALITY CONTROL (CQC) PROGRAM A general description of the CQC Program shall be available for CBP review during the pre-award survey. Two copies of the complete CQC Program shall be provided to the Contracting Officer for 11 BORDER WALL DESIGN/BUILD IDIQ CONTRACT review and approval within thirty (30) calendar days after award of the master contract and as changes are made thereafter. The program shall include: 1) A quality control inspection system covering all contract services. It must specify areas to be inspected on both a scheduled or unscheduled basis and how inspections are to be conducted. 2) The name(s) and qualifications of the individual(s) tasked to perform the quality control inspections, and the extent of their authority. 3) A method for identifying deficiencies in the quality of services performed and taking corrective action before the level of performance becomes mandatory. A file of all Quality Control Inspections, Inspection results, and any corrective action required, shall be maintained by the Contractors throughout the term of this contract. This file shall be the property of the CBP and shall be made available to the Contracting Officer within one (1) hour of request. The file shall be turned over to the Contracting Officer within five (5) calendar days after completion/termination of the task order and prior to final payment. ARTICLE C.10 KEY PERSONNEL The Contractor shall provide key personnel as defined below. Construction Superintendent: Coordinates and oversees completion of the construction of the project. Manages the site for the Contractor and serves as field point of contact for the construction effort. Provides construction reports as per this statement of work. Coordinates scheduling of site activities with Government Project Manager and site representatives. The credentials of the proposed Construction Superintendent(s) will be reviewed to ensure they have at least ten (10) years of experience on construction projects. Provides list of employees in time to complete vetting and ensures only CBP vetted personnel are on job site. Project Manager: Coordinate and oversee completion of activities in all phases of the project. Manages the entire project and serves as the main contact for the Government for the project design and construction effort. Integrates and coordinates the project with design and field personnel. Ensures site personnel work with Government project team for scheduling of deliveries and construction activities. The credentials of the proposed Project Manager will be reviewed to ensure they have a technical degree and/or equivalent experience, and at least five (5) years of experience on construction projects. The credentials of the proposed Project Manager will be reviewed to ensure they have a bachelor’s degree in engineering or related technical field or business/management. Additionally, a minimum of 5 years post-graduate experience managing and supervising construction projects is required. Lead Designer: Serves as design lead for project. Primary design contact to Government to provide all information requested to satisfy design requirements. Must be a licensed professional engineer. Ensures design meets or exceeds all Government requirements. The credentials of the proposed Lead Designer will be reviewed to ensure they are a registered professional engineer. Professional Registration and/or Licensing is required in California. Texas, New Mexico, and Arizona are preferred as well. ARTICLE C.11 SECURITY It shall be the Contractor's responsibility to furnish its own security for personnel and to safeguard its equipment during the entire project lifecycle. This shall include, but not be limited to, the actual project sites and/or staging areas and storage facilities. The Contractor shall install temporary chain link fencing 12 BORDER WALL DESIGN/BUILD IDIQ CONTRACT with barbed wire to deter vandalism to the structures when no work is taking place. The U.S. Customs and Border Protection will not provide security for the Contractor, its equipment, or its materials. As part of the security requirement, the Contractor shall be responsible for the development of a Security Plan in conjunction with the Health and Safety Plan. The detailed Security Plan shall include details such as, but not limited to; "fall back positions," evacuation routines and methods, muster area, medical staff members/availability, number of security personnel, qualifications, years of experience, etc. in the event of a hostile attack. This plan shall be reviewed by Contracting Officer’s Representative for inspection and final acceptance prior to construction activities. The Contractor shall bring three (3) copies of the security plan to the pre-construction conference. Additional Security requirements may be required in future task orders. The Contractor shall be responsible for submitting a list of all personnel required at the jobsites for verification by CBP prior to conducting activities. Activities include, but are not limited to; site investigations, surveys, and construction. No employee shall be allowed on site until screened and checked for criminal history and proper immigration status. Any personnel having questionable history/backgrounds shall be rejected and not authorized to enter the jobsite. This list marked “CONFIDENTIAL” shall be submitted to the Contracting Officer for forwarding to Border Patrol personnel. To facilitate the screening and checking of each employee entering in or working on Federal property, the General Contractor shall submit: • The individual’s full name • Company Name • Date of Birth (DOB) • Social Security Number • Driver’s License and/or State Identification Number • Place of Birth (POB) After submission of requirements stated above, the Contractor shall proceed with all work unless further notified by the Government. Employee Identification Badges: Contractor personnel shall wear visible Contractor-furnished employee identification badges while physically on the construction site. Each badge shall include, as a minimum, the company name, employee name, photograph of employee, Contract Title, Contract Number, and the expiration date of the badge. D) Reporting of New and Departing Employees The Contractor shall notify the Contracting Officer Representative (COR) and Contracting Officer within five (5) working days of staffing changes. i. New Employees: Provide the individual’s full name, Company Name, Date of Birth (DOB), Social Security Number, Driver’s License and/or State Identification Number, Place of Birth (POB) ii. Departing Employees: Provide the name and position title, and security clearance level held by or pending for the individual C.11.1 Prototype Site Security 13 BORDER WALL DESIGN/BUILD IDIQ CONTRACT The Contractor shall ensure all personnel employed on the construction activity become familiar with and obey construction regulations including safety, fire, traffic and security regulations. The Contractor shall also ensure all personnel keep within the limits of its designated worksite and avenues of ingress and egress. Ingress and egress of Contractor vehicles at the construction site is limited to the Contractor's gate. Hard hats must be worn in designated areas. No personnel shall enter any restricted areas unless required to do so and until cleared for such entry. The Contractor's equipment shall be conspicuously marked for identification. ARTICLE C.12 REPORTING REQUIREMENTS 1) TECHNICAL PROGRESS REPORTS In addition to the required reports set forth elsewhere in this Statement of Work, the preparation and submission of regularly recurring Technical Progress Reports shall be required in any contract resulting from this solicitation. These reports shall require descriptive information about the activities under taken during the reporting period and shall require information about planned activities for future reporting periods. The frequency and specific content of these reports shall be determined prior to contract award for monitoring of the overall IDIQ contract and on a task order basis for each awarded task basis. For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) five (5) hard copies of these reports shall be required as follows: [X] Weekly [ ] Quarterly [ ] Semi-Annually [ ] Annually [ ] Annually (with a requirement for a Draft Annual Report) [X] Final - Upon final completion of each task order [X] Final - Upon final completion of the contract (with a requirement for a Draft Final Report) 2) OTHER REPORTS/DELIVERABLES All required reports and deliverables shall be specified in each task order issued by the Government. ARTICLE C.13 SPECIAL CONSIDERATIONS Neither the Contractor nor any subcontractor or representative thereof shall release or publish any sketch, photograph, report or other material of any nature derived or prepared under any resulting task order without specific written permission of the Contracting Officer except as specifically provided in the SOW. Copyright shall not be claimed by the Contractor for any materials produced under any resulting task order. All such materials are to remain within the public domain. 14 BORDER WALL DESIGN/BUILD IDIQ CONTRACT The Contractor and those in its employ may not, during the term of the agreement, present reports of research from this project to various professional societies and publications. Abstracts and copies of these reports, presentations, or articles utilizing work sponsored by any resulting task order shall be provided to the Contracting Officer for approval prior to publication or presentation. In the event the Contractor encounters problems in fulfilling performance requirements, or when difficulties are anticipated in complying with any task order schedule or dates, or whenever the Contractor has knowledge a potential situation is delaying or threatening to delay timely performance of tasks, the Contractor shall immediately notify the Contracting Officer by phone and in writing noting all relevant details. The Government requires unlimited rights in any material first produced in the performance of this Contract, in accordance with the FAR clause at 52.227-17. In addition, for any material first produced in the performance of this contract, the materials may be shared with other agencies or contractors during the period of performance of any resulting task order, or after its termination. For any subcontractors or teaming partners, the Contractor shall ensure at proposal submission that the subcontractors and /or teaming partners are willing to provide the data rights required under any resulting task order. END OF STATEMENT OF WORK 15 Attachment Attachment DHS CBP PAST PERFORMANCE QUESTIONNAIRE (Form PPQ) CONTRACT INFORMATION (Contractor to complete Blocks 1-4 ) 1. Contractor Information Firm Name: Address: Phone Number: Email Address: Point of Contact: CAGE Code: DUNs Contact Phone Number: 2. Work Performed as: Prime Contractor Percent of project work performed: If subcontractor, who was the prime (Name/Phone #): Sub Contractor 3. Contract Information Contract Number: Delivery/Task Order Number (if applicable): Contract Type: Firm Fixed Price Cost Reimbursement Contract Title: Joint Venture Other (Explain) Other (Please specify): Award Date (mm/dd/yy): Contract Completion Date (mm/dd/yy): Actual Completion Date (mm/dd/yy): Original Contract Price (Award Amount): Final Contract Price (to include all modifications, if applicable): 4. Project Description: Complexity of Work High Med Routine How is this project relevant to project of submission? CLIENT INFORMATION (Client to complete Blocks 5-8) 5. Client Information Name: Title: Phone Number: Email Address: 6. Describe the client’s role in the project: 7. Date Questionnaire was completed (mm/dd/yy): 8. Client’s Signature: Contractor Information (Firm Name): Client Information (Name): TO BE COMPLETED BY CLIENT Meaning of Numbers: 1=Unacceptable, 2=Poor, 3=Acceptable, 4=Good, 5=Excellent When numbers are given after a question, please circle the one that best applies. 1. QUALITY: a) Quality of technical data/report preparation efforts 1 2 3 4 5 b) Ability to meet quality standards specified for technical performance 1 2 3 4 5 c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance 1 2 3 4 5 d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance) 1 2 3 4 5 a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below) 1 2 3 4 5 b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract 1 2 3 4 5 a) To what extent were the end users satisfied with the project? 1 2 3 4 5 b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication) 1 2 3 4 5 c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer? 1 2 3 4 5 d) Overall customer satisfaction 1 2 3 4 5 a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force? 1 2 3 4 5 b) Ability to hire, apply, and retain a qualified workforce to this effort 1 2 3 4 5 c) Government Property Control 1 2 3 4 5 d) Knowledge/expertise demonstrated by contractor personnel 1 2 3 4 5 e) Utilization of Small Business concerns 1 2 3 4 5 f) Ability to simultaneously manage multiple projects with multiple disciplines 1 2 3 4 5 g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes 1 2 3 4 5 h) Effectiveness of overall management (including ability to effectively lead, manage and control the program) 1 2 3 4 5 1 2 3 4 5 2. SCHEDULE/TIMELINESS OF PERFORMANCE: 3. CUSTOMER SATISFACTION: 4. MANAGEMENT/ PERSONNEL/LABOR 5. COST/FINANCIAL MANAGEMENT a) Ability to meet the terms and conditions within the contractually agreed price(s)? Contractor Information (Firm Name): Client Information (Name): 1 2 3 4 5 1 c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate backup documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns) 2 3 4 5 b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section. Yes No e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below. Yes No f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below. Yes No 6. SAFETY/SECURITY a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.) b) Contractor complied with all security requirements for the project and personnel security requirements. 1 2 3 4 5 1 2 3 4 5 a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues). 1 2 3 4 5 b) Compliance with contractual terms/provisions (explain if specific issues) 1 2 3 4 5 1 2 3 4 5 7. GENERAL c) Would you hire or work with this firm again? (If no, please explain below) d) In summary, provide an overall rating for the work performed by this contractor. Yes No Please provide responses to the questions above (if applicable) and/or additional remarks. (please attach additional pages if necessary): Attachment CB?ShKItra?rgHal?mlaE EXHIBIT __ SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE U.S. CUSTOMS AND BORDER PROTECTION (CBP) SMALL, HUBZone SMALL, SMALL DISADVANTAGED, WOMEN-OWNED VETERAN-OWNED SMALL BUSINESS & SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN OUTLINE The following outline meets the minimum requirements of Public Law 95-507 and the Federal Acquisition Regulation (FAR) Subparts 19.7. It is intended to be a guideline. It is not intended to replace any existing corporate plan which is more extensive. If assistance is needed to locate small business sources, contact the U.S. Customs and Border Protection (CBP) Small Business Specialist, Mr. Herman T. Shivers (202) 344-2895. Please note that CBP has subcontracting goals of __% for small business, ___% for HUBZONE small business, ___% for small disadvantaged business, ___% for womenowned small business and a __% goal for Service Disabled Veteran-Owned (a subset of veteran owned small businesses) concerns for fiscal year 2016 -2017. Identification Data: Company Name: ________________________________________________ Address: ______________________________________________________ Date Prepared: _______________ Solicitation Number: _________________ Item/Service: ___________________________________________________ Place of Performance: ____________________________________________ 1. TYPE OF PLAN: (Check only one). _________ INDIVIDUAL PLAN: In this type of plan all elements are developed specifically for this contract and are applicable for the full term of this contract. _________ MASTER PLAN: In this type of plan, goals are developed for this contact; all other elements are standard. The master plan must be approved every three (3) years. Once incorporated into a contract with specific goals, it is valid for the life of the contract. _________ COMMERCIAL PLAN: This type of plan is used when the contractor sells products and services customarily used for nongovernment purposes. Plan/goals are negotiated with the initial agency on a company-wide basis rather than for individual contracts. The plan is effective only during year approved. The contractor must provide a copy of the initial agency approval, 2. GOALS: FAR 19.704(a) (1) requires separate dollar and percentage goals for using small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small Page 1 of 9 business and veteran-owned small business concerns as subcontractors for the base year and each option year. (Please note that the goals for HUBZONE small business, small disadvantaged business, women-owned small business, and veteran-owned small business concerns are subsets of the small business goal). A. Estimated dollar value of all planned subcontracting, i.e., to all types of business concerns under this contract is: Please fill out Exhibit 12b, Small Business Subcontracting Plan Data Sheet. B. Estimated dollar value* and percentage of planned subcontracting to small business concerns is: (*This figure includes the amount in C., D., E., and F. below.) Please fill out Exhibit 12b, Small Business Subcontracting Plan Data Sheet. C. Estimated dollar value and percentage of planned subcontracting to HUBZone small business concerns are: Please fill out Exhibit 12b, Small Business Subcontracting Plan Data Sheet. D. Estimated dollar value and percentage of planned subcontracting to small disadvantage business concerns is: Please fill out Exhibit 12b, Small Business Subcontracting Plan Data Sheet. E. Estimated dollar value and percentage of planned subcontracting to small women-owned business concerns is: Please fill out Exhibit 12b, Small Business Subcontracting Plan Data Sheet. F. Estimated dollar value and percentage of planned subcontracting to veteran-owned small business concerns is: Please fill out Exhibit 12b, Small Business Subcontracting Plan Data Sheet. G. Supplies and/or services to be subcontracted under this contract, business size (i.e., SB, HUBZone, SDB, WOSB, VOSB and LB), and the estimated dollar expenditure, are: (Check all that apply). SUPPLY/ SERVICE COMPANY NAME (IF KNOWN) BUSINESS SIZE (SB, HUBZone, SDB, VOSB, LB) Page 2 of 9 DOLLAR AMOUNT ___________________________________________________(Attach additional sheets if necessary.) H. Explain the methods used to develop the subcontracting goals for small, HUBZone small business, small disadvantaged, women-owned small business, and veteran-owned small business concerns. Explain how the product and service areas to be subcontracted were established, how the areas to be subcontracted to small, HUBZone small business, small disadvantage, women-owned small, and veteran-owned small businesses were determined, and how the capabilities of small, HUBZone small, small disadvantage, women-owned small, and veteran-owned small businesses were determined. Identify all source lists used in the determination process. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ______________________________________________________________________ __________________________________________________________________________________ I. Indirect and overhead costs_____ HAVE BEEN _____ HAVE NOT BEEN Included in the dollar and percentage subcontracting goals stated above. (Check one.) J. If indirect and overhead costs HAVE BEEN included, explain the method used to determine the proportionate share of such costs to be allocated as subcontracts to small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small business concerns. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ _____________________________________________________________________________ 3. PLAN ADMINISTRATOR: FAR 19.704 (a) (7) required information about the company employee who will administer the subcontracting program. Please provide the name, title address, phone number, position within the corporate structure and the duties of that employee. Name: Page 3 of 9 Title: Address: Telephone: Position: Duties: Does the individual perform the following? (If NO is checked, please indicate who in the company performs those duties, or indicate why the duties are not performed in your company). A. Developing and promoting company/division policy statements that demonstrate the company’s/division’s support for awarding contracts and subcontracts to small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small business concerns. _________________YES ___________________NO B. Developing and maintaining bidders’ lists of small, HUBZone small, small disadvantage, women-owned small, and veteran-owned small business concerns from all possible sources. _________________YES ___________________NO C. Ensuring periodic rotation of potential subcontractors on bidders’ lists. _________________YES D. E. Assuring that small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small businesses are included on the bidders’ list for every subcontract solicitation for products and services they are capable of providing. _________________YES ___________________NO Ensuring that subcontract procurement “packages” are designed to permit the maximum possible participation of small, HUBZone small, small disadvantage, women-owned small, and veteran-owned small businesses. _________________YES F. ___________________NO Ensuring that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by small, HUBZone small, small disadvantage, womenowned small, and veteran-owned small business concerns. _________________YES H. ___________________NO Reviewing subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small business participation. _________________YES G. ___________________NO ___________________NO Overseeing the establishment and maintenance of contract and subcontract award Page 4 of 9 records. _________________YES I. ___________________NO Attending or arranging for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc. _________________YES J. ___________________NO Directly or indirectly counseling small, HUBZone small, small disadvantaged, womenowned small, and veteran-owned small business concerns on subcontracting opportunities and how to prepare responsive bids to the company. _________________YES K. ___________________NO Providing notice to subcontractors concerning penalties for misrepresentations of business status as small, HUBZone small, small disadvantage, women-owned small, or veteran-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the contractor’s subcontracting plan. _________________YES L. ___________________NO Conducting or arranging training for purchasing personnel regarding the intent and impact of Public Law 95-907 on purchasing procedures. _________________YES M. ___________________NO Developing and maintaining an incentive program for buyers which supports the subcontracting program. _________________YES N. ___________________NO Monitoring the company’s performance and making any adjustments necessary to achieve the subcontract plan goals. _________________YES O. ___________________NO Preparing and submitting timely reports. _________________YES ___________________NO Page 5 of 9 P. Coordinating the company’s activities during compliance reviews by Federal agencies. _________________YES ___________________NO 4. EQUITABLE OPPORTUNITY: FAR 19.704 (a) (8) requires a description of the efforts your company will make to ensure that small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small business concerns will have an equitable opportunity to compete for subcontracts. (Check all that apply.) a. Outreach efforts to obtain sources: _________Contacting minority and small business trade associations _________Contacting business development organizations _________Attending small and minority business procurement conferences and trade fairs _________Finding sources from the Small Business Administration’s Procurement Network (ProNet) b. Internal efforts to guide and encourage purchasing personnel: _________Presenting workshops, seminars and training programs _________Establishing, maintaining and using small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small business source lists, guides and other data for soliciting subcontracts _________Monitoring activities to evaluate compliance with the subcontracting plan c. Additional efforts: (Please describe.) _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ________________________________________________________________________ 5. CLAUSE INCLUSIONS AND FLOW DOWN: Far 19.704 (A) (9) requires that your company include FAR 52.219-8, “Utilization of Small Business Concerns”, in all subcontracts that offer further subcontracting opportunities. Your company must require all subcontractors, except small business concerns, that receive subcontracts in excess of $550,000 ($1,000,000 for construction) to adopt and comply with a plan similar to the plan required by FAR 52.219.9, “Small Business Subcontracting Plan.” Your company agrees that the clause will be included and that the plans will be reviewed against the minimum requirements for such plans. The acceptability of percentage goals for small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small business concerns must be Page 6 of 9 determined on a case-by-case basis depending on the supplies and services involved, the availability of potential small, HUBZone small, small disadvantaged, women-owned small, and veteran-owned small business subcontractors and prior experience. Once the plans are negotiated, approved, and implemented, the plans must be monitored through the submission of periodic reports, including the Electronic Subcontracting Reporting System (eSRS), at http://www.esrs.gov). 6. REPORTING AND COOPERATION FAR 19.704(a) (10) requires that your company (1) cooperate in any studies or surveys as may be required, (2) submit periodic reports into eSRS which show compliance with the subcontracting plan; (3) submit Individual Subcontracting Report (ISR), and Summary Subcontract Report (SSR), in accordance with Class Deviation from FAR dated March 8, 2006; and (4) ensure that subcontractors agree to submit the ISR and SSR into eSRS. The cognizant Contracting Officer of CBP must receive the reports (within 30 days after the close of each calendar period. That is: Calendar Period Report Due Date Due Send Report To 10/01 – 03/31 ISR 04/30 Contracting Officer 04/01 – 09/30 ISR 10/30 Contracting Officer 10/01 – 09/30 ISR 10/30 Contracting Officer 7. RECORDKEEPING: FAR 19.704 (a) (11) requires a list of the types of records your company will maintain to demonstrate the procedures adopted to comply with the requirements and goals in the subcontracting plan. (Check all that apply.) (If NO is checked, please indicate why these types of records are not maintained). A. Small, small disadvantaged, women-owned small, HUBZone small, veteran-owned small business concern source lists, guides, and other data identifying such vendors. ____________YES ____________NO B. Organizations contracted for small, small disadvantaged, women-owned small, HUBZone small, veteran-owned small and service disabled veteran-owned small business sources. ____________YES ____________NO C. On a contract-by-contract basis, records on all subcontract solicitations over $100,000 which indicate fore each solicitation (1) whether small business concerns were solicited, and if not, why not; (2) whether small disadvantaged business concerns were solicited, and if not, why not; (3) whether women-owned small business concerns were solicited, and if not, why not; (4) whether HUBZone small business concerns were solicited, and if not, why not; (5) whether veteran-owned small business concerns were solicited, and if not, why not; (6) whether service disabled veteran-owned small businesses were solicited, and if not, why not; and (7) reasons for the failure of solicited small, Page 7 of 9 small disadvantaged, women-owned small, HUBZone small, veteran-owned small, and service disabled veteran-owned small business concerns to receive the subcontract award.. ____________YES ____________NO D. Records to support other outreach efforts, e.g., contacts with minority and small business trade associations, attendance at small and minority business procurement conference and trade fairs. ____________YES ____________NO E. Records to support internal activities to (1) guide and encourage purchasing personnel, e.g., workshops, seminars, training programs, incentive awards; and (2) monitor activities to evaluate compliance. ____________YES ____________NO F. On a contract-by-contract basis, records to support subcontract award data including the name, address and business size and ownership status (SDB, WOB, HUBZone, VOSB, SDVOSB, etc.) of each subcontractor. (This item is not required for company or division-wide commercial plans.) ____________YES ____________NO G. Other records to support your compliance with the subcontracting plan: (Please describe) ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________________ 8. TIMELY PAYMENT TO SUBCONTRACTORS FAR 19.702 requires your company to establish and use procedures to ensure the timely payment of amounts due pursuant to the terms of your subcontract with small business concerns, small disadvantaged business concerns, women-owned small business concerns, HUBZone small business concerns, veteran-owned small business concerns, and service disabled veteran-owned small business concerns. Your company has established and uses such procedures: ____________YES _____________NO 9. DESCRIPTION OF GOOD FAITH EFFORT Maximum practicable utilization of small, small disadvantaged women-owned small, HUBZone small, veteran-owned small, and service disabled veteran-owned small business concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan, theses objectives are not achieved, and 15 U.S. C. 637 (d) (4) (F) directs that liquidated damages shall be paid by the contractor. In order to demonstrate your compliance with a good faith effort to achieve the small, small disadvantaged, women-owned small, HUBZone small, veteran-owned small, and service disabled veteran-owned small business subcontracting goals, outline the steps your company plans to take. These steps will be negotiated with the contracting officer prior to approval of the plan. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Page 8 of 9 ___________________________________________________________________________________ _____________________________________________________________________________ 10. SIGNATURES REQUIRED This subcontracting plan was SUBMITTED by: Signature: Typed Name: Title: Date: This subcontracting plan was REVIEWED by: Signature: Typed Name: Title: Contracting Officer Date: This subcontracting plan was REVIEWED by: Signature: Typed Name: Title: Small Business Specialist Date: This subcontracting plan was REVIEWED by: Signature: Typed Name: Title: Small Business Administration - PCR Date: This subcontracting plan was ACCEPTED by: Signature: Typed Name: Title: Contracting Officer Date: Page 9 of 9 Attachment "on General Decision Number: CA170001 03/03/2017 CA1 Superseded General Decision Number: CA20160001 State: California Construction Types: Building, Heavy (Heavy and Dredging), Highway and Residential County: San Diego County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/27/2017 2 02/17/2017 3 02/24/2017 4 03/03/2017 ASBE0005-002 07/04/2016 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 38.37 20.13 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls).......................... $ 26.15 17.31 ---------------------------------------------------------------ASBE0005-004 07/04/2016 Attachment #5: Wage Determination – Concrete Prototype Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 18.38 10.82 ---------------------------------------------------------------BOIL0092-003 10/01/2012 Rates Fringes BOILERMAKER......................$ 41.17 28.27 ---------------------------------------------------------------BRCA0004-008 11/01/2016 Rates Fringes BRICKLAYER; MARBLE SETTER........$ 35.30 ---------------------------------------------------------------BRCA0018-004 06/01/2016 Rates 17.35 Fringes MARBLE FINISHER..................$ 29.20 12.93 TILE FINISHER............. .......$ 24.53 11.08 TILE LAYER............. ..........$ 35.89 9.08 ---------------------------------------------------------------BRCA0018-010 09/01/2016 Rates Fringes TERRAZZO FINISHER............. ...$ 28.53 12.27 TERRAZZO WORKER/SETTER....$ 35.57 13.14 ---------------------------------------------------------------CARP0409-002 07/01/2008 Rates Diver (1) Wet.................. ...$ 663.68 (2) Standby.................$ 331.84 (3) Tender............... ...$ 323.84 (4) Assistant Tender...$ 299.84 Fringes 9.82 9.82 9.82 9.82 Attachment #5: Wage Determination – Concrete Prototype Amounts in "Rates' column are per day ---------------------------------------------------------------CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer......$ 17.00 7.41 ---------------------------------------------------------------CARP0547-001 07/01/2016 Rates Fringes CARPENTER (1) Bridge.......... $ 37.28 10.58 (2) Commercial Building.... $ 32.30 10.58 (3) Heavy & Highway........ $ 37.15 10.58 (4) Residential Carpenter.. $ 25.84 10.58 (5) Residential Insulation Installer........ $ 18.00 8.16 MILLWRIGHT....................... $ 40.70 17.03 PILEDRIVERMAN....................$ 37.28 10.58 ---------------------------------------------------------------CARP0547-002 07/01/2009 Rates Fringes Drywall (1) Work on wood framed construction of single family residences, apartments or condominiums under four stories Drywall Installer/Lather... $ 21.00 8.58 Drywall Stocker/Scrapper... $ 11.00 6.67 (2) All other work Drywall Installer/Lather... $ 27.35 9.58 Drywall Stocker/Scrapper... $ 11.00 6.67 ---------------------------------------------------------------ELEC0569-001 10/01/2016 Rates Fringes Electricians (Tunnel Work) Cable Splicer............... $ 47.72 3%+12.63 Electrician................ $ 46.97 3%+12.63 Electricians: (All Other Work, Including 4 Stories Residential) Cable Splicer............... $ 42.50 3%+12.63 Electrician................. $ 41.75 3%+12.63 ---------------------------------------------------------------- Attachment #5: Wage Determination – Concrete Prototype ELEC0569-004 06/01/2015 Rates Fringes ELECTRICIAN (Sound & Communications Sound Technician)...................... $ 29.55 11.92 SOUND TECHNICIAN: Terminating, operating and performing final check-out ---------------------------------------------------------------ELEC0569-005 06/06/2016 Rates Sound & Communications Sound Technician............ $ 30.22 Fringes 12.21 SOUND TECHNICIAN: Terminating, operating and performing final check-out ---------------------------------------------------------------* ELEC0569-006 10/01/2016 Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings Rates Traffic signal, street light and underground work Utility Technician #1....... Utility Technician #2....... $ 29.50 $ 24.65 Fringes 8.31 8.16 STREET LIGHT & TRAFFIC SIGNAL WORK: UTILITY TECHNICIAN #1: Installation of street lights and traffic signals, including electrical circuitry, programmable controller, pedestal-mounted electrical meter enclosures and laying of pre-assembled cable in ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and traffic signals. UTILITY TECHNICIAN #2: Distribution of material at jobsite, installation of underground ducts for electrical, telephone, cable TV land communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads. Attachment #5: Wage Determination – Concrete Prototype ---------------------------------------------------------------ELEC0569-008 06/06/2016 Rates Fringes ELECTRICIAN (Residential, 1-3 Stories)......................... $ 31.69 3%+6.61 ---------------------------------------------------------------ELEC1245-001 06/01/2015 Rates LINE CONSTRUCTION (1) Lineman; Cable splicer.. (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)........... (3) Groundman.............. (4) Powderman............... Fringes $ 52.85 15.53 $ 42.21 $ 32.28 $ 47.19 14.32 14.03 14.60 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------ELEV0018-001 01/01/2017 Rates ELEVATOR MECHANIC................ Fringes $ 52.21 31.585 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------ENGI0012-003 07/01/2016 Attachment #5: Wage Determination – Concrete Prototype OPERATOR: Power Equipment (All Other Work) Rates GROUP 1....................$ 39.95 GROUP 2....................$ 40.73 GROUP 3....................$ 41.02 GROUP 4....................$ 42.51 GROUP 5....................$ 41.86 GROUP 6....................$ 41.83 GROUP 8....................$ 42.84 GROUP 9....................$ 42.19 GROUP 10....................$ 42.96 GROUP 11....................$ 42.31 GROUP 12....................$ 43.13 GROUP 13....................$ 43.23 GROUP 14....................$ 43.26 GROUP 15....................$ 43.34 GROUP 16....................$ 43.46 GROUP 17....................$ 43.63 GROUP 18....................$ 43.73 GROUP 19....................$ 43.84 GROUP 20....................$ 43.96 GROUP 21....................$ 44.13 GROUP 22....................$ 44.23 GROUP 23....................$ 44.34 GROUP 24....................$ 44.46 GROUP 25....................$ 44.63 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 43.20 GROUP 2....................$ 43.98 GROUP 3....................$ 44.27 GROUP 4....................$ 44.41 GROUP 5....................$ 44.63 GROUP 6....................$ 44.74 GROUP 7....................$ 44.86 GROUP 8....................$ 45.03 GROUP 9....................$ 45.20 GROUP 10....................$ 46.20 GROUP 11....................$ 47.20 GROUP 12....................$ 48.20 GROUP 13....................$ 49.20 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 41.80 GROUP 2....................$ 42.58 GROUP 3....................$ 42.87 GROUP 4....................$ 43.01 GROUP 5....................$ 43.23 GROUP 6....................$ 43.34 Fringes 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 23.35 22.15 22.15 22.15 22.15 22.15 22.15 22.15 22.15 22.15 22.15 22.15 22.15 22.15 23.35 23.35 23.35 23.35 23.35 23.35 Attachment #5: Wage Determination – Concrete Prototype GROUP 7....................$ 43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling Attachment #5: Wage Determination – Concrete Prototype (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Attachment #5: Wage Determination – Concrete Prototype Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Selfpropelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) Attachment #5: Wage Determination – Concrete Prototype GROUP 11: Heavy Duty Repairman - Welder Combination, Welder Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - Attachment #5: Wage Determination – Concrete Prototype single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired Attachment #5: Wage Determination – Concrete Prototype earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to Attachment #5: Wage Determination – Concrete Prototype and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman Attachment #5: Wage Determination – Concrete Prototype GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: Attachment #5: Wage Determination – Concrete Prototype That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point Attachment #5: Wage Determination – Concrete Prototype which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................ $ 49.50 23.60 (2) Dredge dozer............ $ 43.53 23.60 (3) Deckmate................ $ 43.42 23.60 (4) Winch operator (stern winch on dredge)............ $ 42.87 23.60 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand................... $ 42.33 23.60 (6) Barge Mate.............. $ 42.94 23.60 ---------------------------------------------------------------IRON0377-002 07/01/2016 Rates Ironworkers: Fence Erector............... Ornamental, Reinforcing and Structural.............. Fringes $ 28.33 20.64 $ 34.75 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Attachment #5: Wage Determination – Concrete Prototype Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------LABO0089-001 07/18/2016 Rates LABORER (BUILDING and all other Residential Construction) Group 1..................... $ 29.42 Group 2.................... .$ 30.10 Group 3..................... $ 30.81 Group 4..................... $ 31.61 Group 5..................... $ 33.54 LABORER (RESIDENTIAL CONSTRUCTION - See definition below) (1) Laborer................. $ 27.32 (2) Cleanup, Landscape, Fencing (Chain Link & Wood).$ 26.03 Fringes 19.78 19.78 19.78 19.78 19.78 18.11 18.11 RESIDENTIAL DEFINITION: Wood or metal frame construction of single family residences, apartments and condominums excluding (a) projects that exceed three stories over a garage level, (b) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine grading work, utility work or paving work in the future street and public right-of-way; but including all rough grading work at the job site behind the existing right of way LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete Screeding for Rought Strike-off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean-up laborer; Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee-bolt holes; Dry packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip form raisers; Slurry seal crews (mixer operator, applicator operator, squeegee man, Shuttle man, Attachment #5: Wage Determination – Concrete Prototype top man), filling of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; Window cleaner; Wire Mesh puling-all concrete pouring operations GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer-impervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man-asphlt; Laborer, packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw operator, Pittsburgh Chipper and similar type brush shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak-it machine; High sealer (including drilling of same); Hydro seeder and similar type; Impact wrench, mult-plate; Kettlemen, potmen and mean applying asphalt, lay-kold, creosote, line caustic and similar type materials (applying means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operators of pneumatic, gas, electric tools, vibratring machines, pavement breakers, air blasting, come-along, and similar mechanical tools not separately classified herein; Pipelayers back up man coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barko, Wacker and similar type; Trenching machine, handpropelled GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Laser beam in connection with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipelayer performing all services in the laying, installation and all forms of connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, whether pipe, metallic or Attachment #5: Wage Determination – Concrete Prototype non-metallic, conduit, and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzleman), Porta shot-blast, water blasting GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all pwder and explosives of whatever type, regardless of method used for such loading and placing; Driller-all power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power. ---------------------------------------------------------------LABO0089-002 11/01/2016 Rates Fringes LABORER (MASON TENDER)...........$ 29.62 15.89 ---------------------------------------------------------------LABO0089-004 07/03/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Laborers: Group 1.....................$ 30.54 Group 2.....................$ 31.00 Group 3.....................$ 31.41 Group 4.....................$ 32.25 Group 5.....................$ 36.37 Fringes 17.89 17.89 17.89 17.89 17.89 LABORER CLASSIFICATIONS GROUP 1: Laborer: General or Construction Laborer, Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender (outside), Carpenter Laborer (cleaning, handling, oiling & blowing of panel forms and lumber), Concrete Laborer, Concrete Screeding for rough strike-off, Concrete water curing. Concrete Curb & Gutter laborer, Certified Confined Space Laborer, Demolition laborer & Cleaning of Brick and lumber,Expansion Joint Caulking; Environmental Remediation, Monitoring Well, Toxic waste and Geotechnical Drill tender, Fine Grader, Fire Watcher, Limbers, Brush Loader, Pilers and Debris Handlers. flagman. Gas Oil and Water Pipeline Laborer. Material Hoseman (slabs, walls, Attachment #5: Wage Determination – Concrete Prototype floors, decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Holer Digger (manual); Railroad maintenance, repair trackman, road beds; Rigging & signaling; Scaler, Slip-Form Raisers, Filling cracks on any surface, tool Crib or Tool House Laborer, Traffic control (signs, barriers, barricades, delineator, cones etc.), Window Cleaner GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oiler; Chute man, pouring concrete; Concrete cutting torch; Concrete pile cutter; driller/Jackhammer, with drill steel 2 1/'2 feet or longer; Dry pak-it machine; Fence erector; Pipeline wrapper, gas, oil, water, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Irrigation laborer; Kettleman-Potman hot mop, includes applying asphalt, lay-klold, creosote, lime caustic and similar tyhpes of materials (dipping, brushing, handling) and waterproofing; Membrane vapor barrier installer; Pipelayer backup man (coating, grouting, making of joints, sealing caulkiing, diapering including rubber basket joints, pointing); Rotary scarifier, multiple head concrete chipper; Rock slinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tamper/wacker operator; Tank scaler & cleaner; Tar man & mortar man; Tree climber/faller, chainb saw operator, Pittsburgh chipper & similar type brush shredders. GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile Man, Bushing hammer; Compactor (all types), Concrete Curer - Impervious membrane, Form Oiler, Concrete Cutting Torch, Concrete Pile Cutter,Driller/Jackhammer with drill steel 2 1/2 ft or longer, Dry Pak-it machine, Fence erector including manual post hole digging, Gas oil or water Pipeline Wrapper - 6 ft pipe and over, Guradrail erector, Hydro seeder, Impact Wrench man (multi plate), kettleman-Potman Hot Mop includes applying Asphalt, Lay-Kold, Creosote, lime caustic and similar types of materials (dipping, brushing or handling) and waterproofing. Laser Beam in connection with Laborer work. High Scaler, Operators of Pneumatic Gas or Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting, Come-Alongs and similar mechanical tools, Remote-Controlled Robotic Tools in connection with Laborers work. Pipelayer Backup Man (Coating, grouting,m makeing of joints, sealing, caulking, diapering including rubber gasket joints, pointing and other services). Power Post Hole Digger, Rotary Scarifier (multiple head concrete chipper scarifier), Rock Slinger, Shot Blast equipment (8 to 48 Attachment #5: Wage Determination – Concrete Prototype inches), Steel Headerboard Man and Guideline Setter, Tamper/Wacker operator and similar types, Trenching Machine hand propelled. GROUP 4: Any worker exposed to raw sewage. Asphalt Raker, Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock Slinger. Installation of subsurface instrumentation, monitoring wells or points, remediation system installer; Laborer, asphalt-rubber distributor bootman; Oversize concrete vibrator operators, 70 pounds or over. Pipelayer, Prfefabricated Manhole Installer, Sandblast Nozzleman (Water Balsting-Porta Shot Blast), Traffic Lane Closure. GROUP 5: Blasters Powderman-All work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and all other types of mechanical drills without regard to form of motive power. Environmental remediation, Monitoring well, Toxic waste and Geotechnical driller, Toxic waste removal. Welding in connection with Laborer's work. ---------------------------------------------------------------LABO0300-005 01/01/2017 Rates Fringes Asbestos Removal Laborer.........$ 31.88 16.82 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------LABO1184-001 07/04/2016 Rates Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 33.65 (2) Vehicle Operator/Hauler.$ 33.82 (3) Horizontal Directional Fringes 13.95 13.95 Attachment #5: Wage Determination – Concrete Prototype Drill Operator..............$ 35.67 (4) Electronic Tracking Locator.....................$ 37.67 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 34.86 GROUP 2.....................$ 36.16 GROUP 3.....................$ 38.17 GROUP 4.....................$ 39.91 13.95 13.95 17.03 17.03 17.03 17.03 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------LABO1414-003 08/03/2016 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$ 31.60 19.28 Attachment #5: Wage Determination – Concrete Prototype PLASTER TENDER..............$ 34.15 19.28 Work on a swing stage scaffold: $1.00 per hour additional. Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility-Seeley, North Island Naval Air Station, Vandenberg AFB. ---------------------------------------------------------------PAIN0036-001 07/01/2015 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County)...............$ 27.29 (2) All Other Work..........$ 30.72 12.83 12.83 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------PAIN0036-010 10/01/2015 Rates Fringes DRYWALL FINISHER/TAPER (1) Building & Heavy Construction................ $ 27.84 15.20 (2) Residential Construction (Wood frame apartments, single family homes and multi-duplexes up to and including four stories).................... $ 21.00 13.91 ---------------------------------------------------------------PAIN0036-012 10/01/2016 Rates Fringes GLAZIER.......................... $ 41.55 11.93 ---------------------------------------------------------------PAIN0036-019 01/01/2017 Attachment #5: Wage Determination – Concrete Prototype Rates Fringes SOFT FLOOR LAYER..............$ 28.77 13.31 ---------------------------------------------------------------PLAS0200-005 08/06/2015 Rates PLASTERER........................ Fringes $ 38.44 13.77 NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional per hour. ---------------------------------------------------------------PLAS0500-001 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER GROUP 1.....................$ 23.84 21.17 GROUP 2.....................$ 25.49 21.17 GROUP 3.....................$ 27.57 21.17 CEMENT MASONS - work inside the building line, meeting the following criteria: GROUP 1: Residential wood frame project of any size; work classified as Type III, IV or Type V construction; interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less. GROUP 2: Work classified as type I and II construction GROUP 3: All other work ---------------------------------------------------------------PLUM0016-006 07/01/2016 Rates PLUMBER, PIPEFITTER, STEAMFITTER Camp Pendleton.............. $ 51.69 Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not Fringes 21.41 Attachment #5: Wage Determination – Concrete Prototype to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work....................... $ 47.19 21.41 Work ONLY on new additions and remodeling of commercial buildings, bars, restaurants, and stores not to exceed 5,000 sq. ft. of floor space...... $ 45.73 20.43 Work ONLY on strip malls, light commercial, tenant improvement and remodel work........................ $ 35.69 18.76 ---------------------------------------------------------------PLUM0016-011 07/01/2016 Rates Fringes PLUMBER/PIPEFITTER Residential................. $ 38.17 17.33 ---------------------------------------------------------------PLUM0345-001 07/01/2014 Rates Fringes PLUMBER Landscape/Irrigation Fitter. $ 29.27 19.75 Sewer & Storm Drain Work...$ 33.24 17.13 ---------------------------------------------------------------ROOF0045-001 07/01/2014 Rates Fringes ROOFER.......................... .$ 27.73 8.12 ---------------------------------------------------------------SFCA0669-001 04/01/2016 Rates Fringes SPRINKLER FITTER.................$ 37.67 19.56 ---------------------------------------------------------------SHEE0206-001 07/01/2015 Rates SHEET METAL WORKER Camp Pendleton.............. $ 37.55 Except Camp Pendleton....... $ 35.33 Fringes 23.23 23.23 Attachment #5: Wage Determination – Concrete Prototype Sheet Metal Technician...... $ 25.22 6.69 SHEET METAL TECHNICIAN - SCOPE: a. Existing residential buildings, both single and multi-family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi-family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell ---------------------------------------------------------------TEAM0036-001 07/04/2016 Rates Fringes Truck drivers: GROUP 1.....................$ 15.90 GROUP 2.....................$ 23.49 GROUP 3.....................$ 23.69 GROUP 4.....................$ 23.89 GROUP 5.....................$ 24.09 GROUP 6.....................$ 24.59 GROUP 7.....................$ 26.09 30.69 30.69 30.69 30.69 30.69 30.69 30.69 FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the classification working in, as follows: Levels A, B and C - +$1.00 per hour. Workers shall be paid hazmat pay in increments of four (4) and eight (8) hours. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Fuel Man, Swamper GROUP 2: 2-axle Dump Truck, 2-axle Flat Bed,Concrete Pumping Truck, Industrial Lift Truck, Motorized Traffic Control, Pickup Truck on Jobsite GROUP 3: 2-axle Water Truck, 3-axle Dump Truck, 3-axle Flat Bed, Erosion Control Nozzleman, Dump Crete Truck under 6.5 yd, Forklift 15,000 lbs and over, Prell Truck, Pipeline Work Truck Driver, Road Oil Spreader, Cement Distributor or Slurry Driver, Bootman, Ross Carrier Attachment #5: Wage Determination – Concrete Prototype GROUP 4: Off-road Dump Truck under 35 tons 4-axles but less than 7-axles, Low-Bed Truck & Trailer, Transit Mix Trucks under 8 yd, 3-axle Water Truck, Erosion Control Driver, Grout Mixer Truck, Dump Crete 6.5yd and over, Dumpster Trucks, DW 10, DW 20 and over, Fuel Truck and Dynamite, Truck Greaser, Truck Mounted Mobile Sweeper 2-axle Winch Truck GROUP 5: Off-road Dump Truck 35 tons and over, 7-axles or more, Transit Mix Trucks 8 yd and over, A-Frame Truck, Swedish Cranes GROUP 6: Off-Road Special Equipment (including but not limited to Water Pull Tankers, Athey Wagons, DJB, B70 Wuclids or like Equipment) GROUP 7: Repairman ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- Attachment #5: Wage Determination – Concrete Prototype The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Attachment #5: Wage Determination – Concrete Prototype Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an Attachment #5: Wage Determination – Concrete Prototype interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION Attachment DATE BOND EXECUTED (Must not be later than bid opening date) BID BOND (See instructions on reverse) OMB Control Number: 9000-0045 Expiration Date: 7/31/2019 Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 25 minutes to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405. TYPE OF ORGANIZATION ("X" one) PRINCIPAL (Legal name and business address) INDIVIDUAL PARTNERSHIP CORPORATION OTHER (Specify) JOINT VENTURE STATE OF INCORPORATION SURETY(IES) (Name and business address) PENAL SUM OF BOND PERCENT OF BID PRICE BID IDENTIFICATION AMOUNT NOT TO EXCEED MILLION(S) THOUSAND(S) BID DATE HUNDRED(S) INVITATION NUMBER CENTS FOR (Construction, Supplies or Services) OBLIGATION: We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum. CONDITIONS: The Principal has submitted the bid identified above. THEREFORE: The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid. Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government. Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid. WITNESS: The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date. PRINCIPAL 1. 2. 3. SIGNATURE(S) (Seal) NAME(S) & TITLE(S) (Typed) 1. (Seal) (Seal) 3. 2. Corporate Seal INDIVIDUAL SURETY(IES) SIGNATURE(S) NAME(S) (Typed) 2. 1. (Seal) 1. (Seal) 2. SURETY A CORPORATE SURETY(IES) STATE OF INCORPORATION LIABILITY LIMIT ($) NAME & ADDRESS SIGNATURE(S) 1. 2. NAME(S) & TITLE(S) (Typed) 2. 1. AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is NOT usable Corporate Seal STANDARD FORM 24 (REV. 8/2016) Prescribed by GSA - FAR (48 CFR) 53.228(a) SURETY B SURETY C SURETY D SIGNATURE(S) NAME(S) & TITLE(S) (Typed) SURETY E SURETY F 1. 2. 1. 2. SIGNATURE(S) NAME(S) & TITLE(S) (Typed) Corporate Seal STATE OF INCORPORATION LIABILITY LIMIT ($) NAME & ADDRESS 1. 2. 1. 2. Corporate Seal STATE OF INCORPORATION LIABILITY LIMIT ($) NAME & ADDRESS 1. 2. 1. 2. Corporate Seal SIGNATURE(S) NAME(S) & TITLE(S) (Typed) SURETY G STATE OF INCORPORATION LIABILITY LIMIT ($) NAME & ADDRESS STATE OF INCORPORATION LIABILITY LIMIT ($) NAME & ADDRESS SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. STATE OF INCORPORATION LIABILITY LIMIT ($) NAME & ADDRESS SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. NAME(S) & TITLE(S) (Typed) Corporate Seal STATE OF INCORPORATION LIABILITY LIMIT ($) NAME & ADDRESS SIGNATURE(S) Corporate Seal 1. 2. 1. 2. Corporate Seal INSTRUCTIONS 1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services. 2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved. 3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars). 4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed. (b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum. (c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability. 5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals. 6. Type the name and title of each person signing this bond in the space provided. 7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror." STANDARD FORM 24 (REV. 8/2016) BACK Attachment DATE BOND EXECUTED (Must be same or later than date of contract) PAYMENT BOND (See instructions on reverse) OMB Control Number: 9000-0045 Expiration Date: 7/31/2019 Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 60 minutes to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405. PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one) INDIVIDUAL PARTNERSHIP CORPORATION OTHER (Specify) JOINT VENTURE STATE OF INCORPORATION PENAL SUM OF BOND SURETY(IES) (Name(s) and business address(es)) MILLION(S) THOUSAND(S) HUNDRED(S) CONTRACT DATE CENTS CONTRACT NUMBER OBLIGATION: We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit is indicated, the limit of liability is the full amount of the penal sum. CONDITIONS: The above obligation is void if the Principal promptly makes payment to all persons having a direct relationship with the Principal or a subcontractor of the Principal for furnishing labor, material or both in the prosecution of the work provided for in the contract identified above, and any authorized modifications of the contract that subsequently are made. Notice of those modifications to the Surety(ies) are waived. WITNESS: The Principal and Surety(ies) executed this payment bond and affixed their seals on the above date. PRINCIPAL 1. 2. 3. SIGNATURE(S) (Seal) (Seal) NAME(S) & TITLE(S) (Typed) 1. (Seal) 3. 2. Corporate Seal INDIVIDUAL SURETY(IES) SIGNATURE(S) NAME(S) (Typed) 1. 2. (Seal) (Seal) 1. 2. SURETY A CORPORATE SURETY(IES) STATE OF INCORPORATION NAME & ADDRESS SIGNATURE(S) NAME(S) & TITLE(S) (Typed) LIABILITY LIMIT $ 1. 2. 1. 2. AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is NOT usable Corporate Seal STANDARD FORM 25A (REV. 8/2016) Prescribed by GSA-FAR (48 CFR) 53.2228(c) SURETY G SURETY F SURETY E SURETY D SURETY C SURETY B CORPORATE SURETY(IES) (Continued) STATE OF INCORPORATION NAME & ADDRESS $ 1. 2. 1. 2. SIGNATURE(S) NAME(S) & TITLE(S) (Typed) NAME(S) & TITLE(S) (Typed) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. NAME(S) & TITLE(S) (Typed) NAME(S) & TITLE(S) (Typed) 2. 1. 2. NAME(S) & TITLE(S) (Typed) Corporate Seal STATE OF INCORPORATION LIABILITY LIMIT $ 1. 2. 1. 2. Corporate Seal STATE OF INCORPORATION LIABILITY LIMIT $ 1. 2. 1. 2. Corporate Seal STATE OF INCORPORATION NAME & ADDRESS SIGNATURE(S) LIABILITY LIMIT $ 1. NAME & ADDRESS SIGNATURE(S) Corporate Seal STATE OF INCORPORATION NAME & ADDRESS SIGNATURE(S) LIABILITY LIMIT $ NAME & ADDRESS SIGNATURE(S) Corporate Seal STATE OF INCORPORATION NAME & ADDRESS SIGNATURE(S) LIABILITY LIMIT LIABILITY LIMIT $ 1. 2. 1. 2. Corporate Seal INSTRUCTIONS 1. This form, for the protection of persons supplying labor and material, is used when a payment bond is required under 40 USC Chapter 31, Subchapter III, Bonds. Any deviation from this form will require the written approval of the Administrator of General Services. 2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved. 3. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed. (b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bonds, provided that the sum total of their liability equals 100% of the bond penal sum. (c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability. 4. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the words "Corporate Seal", and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals. 5. Type the name and title of each person signing this bond in the space provided. STANDARD FORM 25A (REV. 8/2016) BACK DATE BOND EXECUTED (Must be same or later than date of contract) PERFORMANCE BOND (See instructions on reverse) OMB Control Number: 9000-0045 Expiration Date: 7/31/2019 Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 60 minutes to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405. TYPE OF ORGANIZATION ("X" one) PRINCIPAL (Legal name and business address) INDIVIDUAL PARTNERSHIP JOINT VENTURE CORPORATION OTHER (Specify) STATE OF INCORPORATION PENAL SUM OF BOND SURETY(IES) (Name(s) and business address(es)) THOUSAND(S) MILLION(S) CONTRACT DATE HUNDRED(S) CENTS CONTRACT NUMBER OBLIGATION: We, the Principal and Surety(ies), are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum. CONDITIONS: The Principal has entered into the contract identified above. THEREFORE: The above obligation is void if the Principal(a)(1) Performs and fulfills all the understanding, covenants, terms, conditions, and agreements of the contract during the original term of the contract and any extensions thereof that are granted by the Government, with or without notice of the Surety(ies) and during the life of any guaranty required under the contract, and (2) Performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of the contract that hereafter are made. Notice of those modifications to the Surety(ies) are waived. (b) Pays to the Government the full amount of the taxes imposed by the Government, if the said contract is subject to 41 USC Chapter 31, Subchapter III, Bonds, which are collected, deducted, or withheld from wages paid by the Principal in carrying out the construction contract with respect to which this bond is furnished. WITNESS: The Principal and Surety(ies) executed this performance bond and affixed their seals on the above date. PRINCIPAL 1. 2. SIGNATURE(S) 3. (Seal) NAME(S) & TITLE(S) (Typed) 1. (Seal) 2. (Seal) 3. Corporate Seal INDIVIDUAL SURETY(IES) 1. SIGNATURE(S) 1. NAME(S) (Typed) 2. (Seal) (Seal) 2. SURETY A CORPORATE SURETY(IES) STATE OF INCORPORATION NAME & ADDRESS SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is NOT usable LIABILITY LIMIT ($) Corporate Seal STANDARD FORM 25 (REV. 8/2016) Prescribed by GSA-FAR (48 CFR) 53.228(b) SURETY G SURETY F SURETY E SURETY D SURETY C SURETY B CORPORATE SURETY(IES) (Continued) STATE OF INCORPORATION NAME & ADDRESS SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. 1. 2. 1. 2. SIGNATURE(S) SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. 1. 2. 1. 2. SIGNATURE(S) NAME(S) & TITLE(S) (Typed) SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 1. 2. 1. 2. BOND PREMIUM RATE PER THOUSAND ($) LIABILITY LIMIT ($) Corporate Seal STATE OF INCORPORATION NAME & ADDRESS LIABILITY LIMIT ($) Corporate Seal STATE OF INCORPORATION NAME & ADDRESS LIABILITY LIMIT ($) Corporate Seal STATE OF INCORPORATION NAME & ADDRESS LIABILITY LIMIT ($) Corporate Seal STATE OF INCORPORATION NAME & ADDRESS NAME(S) & TITLE(S) (Typed) Corporate Seal STATE OF INCORPORATION NAME & ADDRESS LIABILITY LIMIT ($) LIABILITY LIMIT ($) Corporate Seal TOTAL ($) INSTRUCTIONS 1. This form is authorized for use in connection with Government contracts. Any deviation from this form will require the written approval of the Administrator of General Services. 2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved. 3. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of bonds, unless a co-surety arrangement is proposed. (b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bonds, provided that the sum total of their liability equals 100% of the bond penal sum. (c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety shall accompany the bond. The government may require the surety to furnish additional substantiating information concerning its financial capability. 4. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the words "Corporate Seal", and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals. 5. Type the name and title of each person signing this bond in the space provided. STANDARD FORM 25 (REV. 8/2016) BACK Attachment cheiF?bnateSJW CBP CONTRACTOR PERFORMANCE EVALUATION SURVEY CONTRACTOR NAME: CONTRACT NUMBER: POINT OF CONTACT: DELIVERY ORDER NO.: 1. Project Description: Complexity of Work □ High □ Medium □ Low 2. Please provide ratings and comments regarding the Contractor’s performance in each area below using the following ratings: Excellent (3), Acceptable (2), or Unacceptable (1). : 3 2 1 Quality of Product or Service: Timeliness or Scheduling of Service/Deliveries: . Business Relations/Customer Satisfaction . Key Personnel and Staffing (Including Subcontractors) . Ability to meet the terms and conditions within the contractually agreed price(s)? Compliance with contractual terms/provisions 3. Would you hire this contractor to provide services for your organization in the future? Please provide comments using additional pages if desired. Signed:__________________________________